ABDUL REHMAN MIR Vs. STATE OF JK

JUDGEMENT

(1.) In terms of the instant appeal, the appellants have sought the indulgence of this Court for setting aside of order dated 05.02.2019 passed by Court of Additional Sessions Judge, Srinagar on the following grounds:

(2.) It requires to be mentioned herein that the appellants have preferred an application for grant of bail before the court of learned Additional Sessions Judge, Srinagar on 08-11-2018 which has been dismissed on 05.02.2019. The grounds taken therein by the appellant was that the they were wrongly implicated in the case. It was further stated by them that they had sold their land and the money which had been seized by the police is the consideration amount which they received by disposing off their land. This fact that they had disposed of their land was evident from the fact that the sale agreement had been executed by them besides this the bank statement which they had placed on record along with their application clearly establishes according to them that the said amount had been received by them by selling their land. It was also canvassed that the appellants have been in the police custody for last 90 days and were required to be admitted on bail by default clause as provided by Section 167 (2) CR. PC. More than three months have elapsed since the date of their arrest. It was also pointed out that the offence under Section 17, 18, 38, 39 and 40 of ULA (P) Act are not made out.

(3.) Learned Additional Sessions Judge Srinagar has dismissed the bail application with following observation after hearing the parties as: