AB RASHID SOFI Vs. STATE OF J&K

JUDGEMENT

(1.) ABDUL Rashid Sofi, facing trial in a Sessions trial, under Sections 302, 364, 120 -B and 201 RPC, arising out of FIR no. 173 of 1997 registered at Police Station, Ganderbal, has approached this Court questioning the trial courts order of May 2, 2009, whereby he has been refused bail.

(2.) FACTS necessary for the disposal of this petition may be stated thus: -

(3.) FIR no. 173/1997 was, accordingly, registered under Sections 302, 364 and 109 RPC. The investigation of the case appears to have been later transferred to the Crime Branch, which, on its completion, concluded that Jameela Akhtar informed her mother that the deceased Ghulam Nabi Malik had molested her when she went to his shop for purchasing some under -garments, whereafter, the deceased went to the house of Mohd Yaseen Sofi to explain his position but was beaten instead. The investigation revealed that the petitioner Abdul Rashid Sofi was posted as Selection Grade Constable in Police Station, Ganderbal and had contacts with Mohd Sultan Mir, a police informer, who organized a raid on the house of the deceased on 21.6.1997 at around 9.00 p.m., accompanied by the other accused, who were dressed in Army uniform, lifted the deceased and, ultimately, his dead body was recovered from the Power Canal Ganderbal, tied in rope, with marks of torture.