GH. MOHI Vs. STATE OF J&K & ORS.

JUDGEMENT

(1.) The petitioners have approached this court seeking setting aside of the order dated: 5.11.2003 passed by the learned Sessions Judge, Pulwama in case entitled " State Vs. Gh. Mohi-ud-din Bhat and Ors. " pending investigation, whereby the concession of bail already granted to the petitioner/accused has been withdrawn.

(2.) The sole grievance of the petitioners/accused projected in the petition is that the bails of the petitioners granted by the court vide its order dated: 10.6.2002 have been subsequently cancelled without notice to the accused and affording them reasonable opportunity of being heard and that the order impugned has been passed by the learned Sessions Judge, Pulwama, solely on the consideration of postmortem and chemical examination report of the VISRA, a copy of which were neither provided to the accused nor they were given any hearing which amounted to denial of natural justice. Further submission made by Mr. Qayoom, learned counsel for the petitioners, is that the bail once granted should not be cancelled unless it is shown that the same has either been misused or it is no longer conducive in the interest of justice to allow the petitioners to remain at large. That in this manner, the accused/petitioners, according to Mr. Qayoom, could not be deprived of the right to liberty unless there was overwhelming evidence and reasons made out which necessitated the cancellation of the bail.

(3.) Setting in facts of the case: