ZULFIKAR MAJID SHAH Vs. STATE

JUDGEMENT

(1.) One Zulfikar Majid Shah has been arrested in FIR No. 135/03 registered at P/S Anantnag u/Ss. 302, 364, 109, RPC and 7/25 LA. Act inconnection with kidnapping/abduction and murder of one Irfan Majid Sheikh at Anantnag. On behalf of this accused two applications one for bail and another for transfer of the case have been filed.

(2.) During pendency of the bail application final report u/S. 173, Cr.P.C. (Challan) was filed in the Court of competent jurisdiction ait Anantnag. Mr. S. T. Hussain Ld. Counsel for the applicant is candid enough to submit that the accused stands committed to session's Court for trial at Anantnag. In view of this circumstances, on 14-7-2003 it is observed," obviously above raised question can be taken up, before the Sessions Court seized of the matter." The prayed bail for the accused on legal and factual questions/queries raised thereto are left to be addressed before the Sessions Judge who is to try the case. This should be end of the bail matter at this stage so far as this Court is concerned.

(3.) In the Cr. T. A. the grounds on which transfer is prayed for is that one Mohd. Ashraf Sheikh brother of deceased Irfan Majid Sheikh is PP, at Anantnag. The lawyers at Anantnag and Pulwama are under his influence and he as Public Prosecutor brought pressure on police to produce challan against the accused. Petitioner's father approached lawyers both at Anantnag and Pulwama who are hostile and are not prepared to appear on his behalf in the case against their colleague said Mohd. Ashraf Sheikh. It is further stated that the case may be transferred to any Court at Srinagar, when it is easy for all the parties to reach Srinagar.