SHAHID RASHID Vs. STATE AND OTHERS

JUDGEMENT

(1.) Two applications for the grant of bail in favour of the applicants in case bearing FIR No. 41/2017, registered at Police Station Nowabad, Jammu, for the commission of offences punishable under Sections 341/ 307/392/353/332/420/120B/212/RPC and 4/25 Arms Act, require consideration by this order.

(2.) What needs to be stated at the outset is that the applicants filed two applications before the Court of the learned Principal Sessions Judge, Jammu, for releasing them on bail primarily, on the same grounds as have been agitated in these applications. Both the applications met the same fate and were dismissed by an order dated 30.10.2017 of the learned Principal Sessions Judge, Jammu, holding that the applicants-accused are involved in heinous offences which are against the security and sovereignty of the State and the grant of bail in their favour at this stage when the trial of the case is at the initial state is not sustainable. The order further states that in the event of bail, there is every possibility that the accused/applicants will influence the prosecution witnesses and will turn the case in their favour. It is further stated that there are reasonable grounds for believing that the accusation against the accused is prima facie true. The application of the applicants, it is stated, cannot be considered in light of the fact that the involvement of the accused/applicants has surfaced in a crime that has put the security of the State at a peril. It is prima facie established by the Investigating Agency that the applicants were involved in attacking the SGCT Mohd. Hanief No. 355/Security and snatched his weapon.

(3.) The factual background of the case is that on 25.02017 at about 22.15 hours, an information was received by the police authorities of the Police Station Nowabad, Jammu, from a reliable source that a police man after completing his duty was onway from Jewel Chowk to Bikram Chowk along with his weapon and at that juncture some unknown persons with the criminal intention to kill him waylaid him, dusted chilli powder in his eyes and hit him with a hard wooden stick on his head, as a consequence of which the police man received injuries and the accused persons with an intention to create disturbances in some areas of Jammu District snatched the weapon (AK47 rifle) from him. Some persons shifted the police man to GMC Jammu for first aid. On this report, a case bearing FIR No. 41/2017 for the commission of the aforesaid offences was registered at Police Station Nowabad, Jammu, with which the investigation ensued. During the course of the investigation of the case, the I/O visited GMC Hospital and identified the victim whose name was found to be SGCT Mohd. Hanief No. 355/Security deputed at Centre Pol Jammu for security. The I/O recorded the statement of the victim under Section 161 Cr. PC and seized the blood stained uniform of the victim. The statements of the other witnesses were also recorded. During the investigation, one suspect who disclosed his name as Masrool Ahmad S/o Abdul Rashid Naik R/o Ratnipora Shopian, Kashmir, was arrested and he confessed that he committed the crime in association with a person namely Amir Hussain Bhat S/o Gh. Mohd. Bhat R/o Ratnipora Shopian, Kashmir, whereafter both of them fled away from the scene of crime along with the weapon. The motorcycle bearing registration No. JK02AH-7273 which was used by them in the commission of the crime was seized from the spot. On 26.02017, the applicant namely Shahid Rashid Najar S/o Ab Rashid Najar R/o Mimindar Shopian Kashmr, was arrested from Nagrota. The other motorcycle bearing registration No. JK03A 9754 which was used in the commission of crime was also seized in the case. On 28.02017, the applicant namely Amir Hussain Bhat S/o Gh Mohd Bhat R/o Ratnpora Shopian, Kashmir, was also arrested from Shopian, Kashmir. It is stated that it was at their behest that the weapons of offence allegedly used by both of them in committing the offences were recovered and that the injured has been discharged from the hospital.