SHIV KRISHAN SHARMA Vs. STATE

JUDGEMENT

(1.) PETITIONERS have invoked the jurisdiction of this Court in terms of the provisions of Code of Criminal Procedure (for short, Cr.P.C.) read with the provisions of J&K Prevention and Suppression of Sabotages Act, 1965 (for short, the Sabotages Act) for grant of bail in FIR No. 33/2013 registered at Police Station Thathri, District Doda, under section 307 of Ranbir Penal Code (for short, RPC); 3/4 of Explosives Substances Act, 1908; 3/25, 7/27 of Arms Act, 1959 and Section 3 of the Sabotages Act. It is contended that petitioner No. 1 is innocent and has been falsely implicated in the case. Further, it is contended that he has done commendable job while taking part in anti -insurgency operations. He was given out -of -turn promotion to the post of Sub Inspector in the year 2005. He was performing his duties with utmost zeal and dedication and has played a great role in killing as well as making dreaded militants to surrender and also effecting recovery of huge arms and ammunition. Thus, it is pleaded that petitioner No. 1 has unblemished service record, as he has earned eight medals/commendation certificates including President's Police Medal, Sher -e -Kashmir Gallantry Award, DG Commendation Certificate, GOC -in -Command Commendation Certificate and various other certificates.

(2.) PETITIONER No. 2 is serving as a Constable in the Police Department. He was posted as a PSO with petitioner No. 1 while serving in SOG at District Doda.

(3.) THAT the petitioners had applied for grant of bail before the Chief Judicial Magistrate, Doda. The said application came to be dismissed as withdrawn. Thereafter, they applied before the Additional Sessions Judge, Doda, who vide order dated 14.06.2013 returned the same to the petitioners for presenting the application before the appropriate forum. The petitioners then applied for bail before the Principal Sessions Judge, Bhadarwah and the same came to be dismissed as not pressed vide order dated 19.06.2013.