JAVID AHMAD LONE Vs. SHO, POLICE STATION BARAMULLA

JUDGEMENT

(1.) By this order, I propose to dispose of two applications for the grant of bail in favour of Altaf Hussain Bhat, an Advocate by profession and Javid Ahmad Lone, who is his clerk. Initially when these applications were listed before the Court, both the accused were admitted to bail in anticipation of their arrest. However, by an order dated 07.04.2018, of this Court, it was directed that taking into consideration the gravity of the offences levelled against the applicants, it will be appropriate to direct the SHO concerned to take the applicants into custody for custodial interrogation. Why and how this Court passed the order directing the custodial interrogation of the applicants can be well understood by the facts and the circumstances of the case which are summarized below.

(2.) A case bearing FIR No. 38 of the year 2018, came to be registered at Police Station Baramulla, for the commission of offences under Section 380 & 109 RPC, on a written complaint of the complainant namely, Mohammad Maqsood Bhat S/o Abdul Ahad Bhat R/o Tarzoo Sopore, working as a criminal clerk in the Court of the learned Munsiff, Baramulla, stating therein that three complaints titled Manzoor Ahmad Dar v. Mirza Sajad Ahmad Beigh, Ghulam Mohi-ud-Din Wani v. Mirza Sajad Ahmad Beigh & Farooq Ahmad Lone v. Mirza Sajad Ahmad Beigh, filed under Section 138 N. I. Act, pending trial before the Court of Munsiff (Judicial Magistrate Ist Class) were found missing. After conducting a preliminary enquiry into the matter, it came to the fore that these files were stolen by Peerzada Sajid Hamid S/o Abdul Hamid Peer R/o Ashpeer, Sopore, an Orderly, in the Court of the learned Munsiff at Baramulla in connivance with the accused Mirza Sajad Hussain Beigh under a well-knit conspiracy and that too before the date fixed in them. During the course of the investigation of the case, the statements of the witnesses were recorded under Section 164-A Cr. PC and Sajad Hamid was detained. It is further stated that the involvement of the other accused persons namely, Altaf Hussain Bhat (Advocate) and Javid Ahmad Lone S/o Mohammad Maqbool Lone R/o Khadinyar Baramulla, who are the applicants before this Court also surfaced in the commission of this crime.

(3.) The applicants in their application state that they are innocent. They have not committed any offence. They are not even remotely connected with the affairs concerning the maintenance of the records and that a false and frivolous case has been registered against them.