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| Court denies bail to LeT activist | | | Jammu, June 20 (JNF): Principal Sessions Judge Jammu Jang Bhadur Singh Jamwal rejected the bail application of Mohammad Sharief s/o Gulam Rasool Barhou r/o Kundan Khari Tehsil Banihal.
According to the police case that April 8, 2008 on reliable sources an information was received in police station Ramban that one person namely Rashpal Singh active member of L E T and carries unlawful activities from one place to another and helps in unwanted acts of terrorists who is having some explosive substance with him and on the disclosure statement of Rishpal Singh the explosive substance were recovered from the house of one Swaran Singh and in 2008 accused Mohd Sharief alongwith other accused were having links with terrorist group L E T and were going to perform a blast in Ramban town. The offences alleged to have been committed by the accused within the ambit of Section 3 Enemy Agents Ordinance and 4/ 5 E S A AND 7/25 Arms Act.
The Court after hearing both the sides observed that Whoever is an enemy agent, or with intent to aid the enemy, does, or attempts or conspires with, any other person to do any act which is designed or likely to give assistance to the military or air operations of the enemy or to impede the military or air operations of Indian forces or to endanger life or is guilty of incendiarism shall be punishable with death or rigorous imprisonment for life or with rigorous imprisonment for a term which may extend to 10 years and shall also be liable to fine. The offences alleged to have been committed falls within the ambit of 3 A E O, which defines in planting of death penalty or imprisonment for life. Section 497 Cr.P.C provides that the court shall not grant the bail where the court is satisfied that offence is punishable with death or imprisonment of life. The embargo laid down in the section 497 Cr.PC stands attracted for bail being taken. There is every likelihood that accused may jump over the bail and there is also possibility of accused to go to across the border. That offences alleged to have been committed are punishment with death or life imprisonment. Gravamen of charge against the accused, at this stage to be treated as true for the purpose of bail application and appreciation of the evidence cannot be conducted only for the limited purpose. Accused has been charged and there is no change or altered in the charge. I am satisfied at this stage, that in case bail is granted, there is every apprehension that accused may be encouraged the other militants who are in active in the state as well as the country. There is no possibility of the accused to attend the trial and possibility of jumping over the bail is also not rule out. Accused, at this stage, has not made out good ground for allowing his application. With these observations Court rejected the bail application. |
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