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| Court denied bail to `ISI’ Agent | | | EARLY TIMES REPORT
Jammu, October-14 (JNF):- Principal Sessions Judge Jammu Jang Bhadur Singh Jamwal today rejected the bail application of Zakir Hussain alleged agent of ISI of Pakistan.
While rejecting bail application, the Court rejected the application on the ground that the applicant is an agent of ISI of Pakistan and indulges in subversive activities and has been actively working as an enemy agent and is facing the trial in which security of the State as well as general public is at stake and the punishment in this Act is death penalty or life imprisonment, observed that the charge u/s 3 EAO, 7/25 Arms Act & 120-B RPC was framed against the accused/petitioner and the prosecution is leading the evidence. The statements of some of the material witnesses are yet to be recorded. The plea of the counsel for the petitioner Adv BL Chatha that the prosecution witnesses have not stated anything against him, at this stage, cannot be appreciated because scanning of the record has emanated that stage has not come yet and in case while delivering a judgment in the bail application the evidence is appreciated with regard to the commission of offence whether the petitioner/accused is guilty of an offence punishable with death penalty or imprisonment for life, is not permissible and divulging of any kind of opinion will prejudice either of the party. The accused/petitioner has been charge-sheeted u/s 3 of EAO, 7/25 Arms Act & 120-B RPC and the embargo laid down u/s 497/498 CrPC stands attracted for bail being taken because the offence alleged to have been committed and where the accused/petitioner has been charge-sheeted is punishable with death penalty or imprisonment for life. The charge still continues to be in the same manner and there is no alteration of the charge neither any circumstance has arisen. With these observations Court rejected the bail application of Zakir Hussain alleged ISI Agent.
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