SADDAM HUSSAIN Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The present appeal has been filed by the appellant whose application for bail was dismissed vide order dtd. 30/10/2023 by the Court of learned Additional District and Sessions Judge (Fast Track Court) Doda [Special Judge Designated under Sec. 22 of the NIA Act].

(2.) Briefly, the case of the appellant is that he was charged by the police of Police Station Dachhan in FIR No. 01/2020 for commission of offences under Ss. 13/18/19/20/23/38/39 of the Unlawful Activities (Prevention) Act and 3/25, 7/25, 7/27 of the Arms Act. The undisputed fact of this case is that the appellant was initially absconding from the trial. Learned counsel for the appellant submits that the appellant was away in Himachal Pradesh and the case was registered during the Covid period and that is why he never came to know about the case pending against him. It is also undisputed that when the appellant came to know about the case pending against him, he appeared before the learned Court below and surrendered and was taken into custody. Also, admittedly the only evidence against him is the testimony of PW-6 Waris Rasool. In all there are 22 witnesses in this case out of which 14 witnesses have been examined by the prosecution as on the date on which the impugned order was passed. Learned counsel for the appellant submits that Waris Rasool has been examined as PW-6 before the learned trial Court. He has been declared hostile and cross examined by the prosecution. He has stated nothing incriminating against the appellant.

(3.) Under the circumstances, learned counsel for the appellant submits that the prima facie case which may have existed against the appellant till the time PW-6 Waris Rasool was examined as witness before the trial Court came to be dislodged after he turned hostile.