PEERZADA MOHAMMAD WASEEM Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Through the medium of instant appeal under Sec. 21(3) of the National Investigation Agency Act (hereinafter referred to as the NIA Act), appellant has challenged the order dtd. 12/5/2021 passed by learned Additional Sessions Judge, TADA/POTA (Special Judge Designated under NIA Act), Srinagar, whereby bail application of the appellant has been dismissed.

(2.) The facts giving rise to the filing of the instant appeal are that on 22/6/2017, while the holy festival of Shabe Qadar was being observed in Jamia Masjid, Nowhatta, the appellant and the co-accused raised inflammatory slogans against the Government of India and they caught hold of deceased Mohammad Ayoub Pandit Dy. S. P. of 3rd Battalion Security, who had been deployed in the area to supervise the manpower for access control at Jamia Masjid on the occasion of Shabe Qadar. The deceased was beaten up, dragged and lynched to death by the mob, of which the appellant was a part. His pistol was also snatched and the dead body was dragged and left at Batagali Nowhatta. Police registered FIR No.51/2017 for offences under Sec. 302, 148, 149, 392, 341 RPC read with 13 of Unlawful Activities (Prevention) Act and investigation of the case was set into motion. After conducting investigation of the case, the challan was presented before the trial court against 20 accused. Out of these, 17 accused were arrested and produced before the trial court at the time of presentation of challan whereas one accused Sajad Ahmad Gilkar was killed in an encounter prior to presentation of the challan. Two more accused including appellant herein absconded and they could not be produced before the Court at the time of presentation of the challan.

(3.) In terms of order dtd. 12/12/2017, the learned trial court framed charges for the offences mentioned in the charge sheet against 17 accused who had been produced before it at the time of presentation of the challan. During pendency of the trial, the appellant was also arrested and produced before the trial court. Charges against him for offences under Sec. 302, 148, 392, 341 RPC read with Sec. 13 ULA(P) Act were framed by the trial court in terms of its order dtd. 16/5/2019. The appellant/accused pleaded not guilty and trial against him also commenced.