Excelsior Correspondent
JAMMU, Nov 4: 3rd Additional Sessions Judge Jammu Madan Lal today rejected the bail applications of Mohd Latief Dar and Shafi Bhat, who were allegedly involved in narco-terrorism case.
After hearing both the sides, the court observed, “from the perusal of the charge sheet, charges and witnesses regarding the offences under Sections 13/17/21/39/40 of the Unlawful Activities (Prevention) Act, there are reasonable grounds for believing that the accusation of offences against the applicants are prima facie true”.
“Moreover, the case is at the stage of prosecution evidence and many witnesses are yet to be examined and witnesses who have been examined have supported prosecution case”, the court said, adding “delay in trial of serious offences cannot be ground for grant of bail. Moreover, bail granted to the accused in UA (P) Act offences by the Special Court and High Court has been cancelled by the Supreme Court”.
“Further bail has been granted by the Supreme Court but only in the exercise of powers of a Constitutional Court, holding that statutory restrictions under Section 43 (D) of UA (P) Act is not binding on the Constitutional Courts. Therefore, considering the facts, law and the case-law, the application of the applicants is pre-mature and without merits, at this stage, so cannot be allowed and bail cannot be granted”, the court said.
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