Court denies pre-arrest bail to accused

CD against SIT

Excelsior Correspondent
JAMMU, Apr 18: Principal Sessions Judge Jammu, Jang Bhadur Singh Jamwal, today rejected pre-arrest bail of Shahzad Feroz Butt, claiming to be reporter of Sahara News Network, who had allegedly impersonated himself as Mohan at the time of preparation of CD against Special Investigating Team (SIT) constituted for investigation into the land grabbing cases.
According to the police case, complainant Vikramjeet Singh along with one Gurvinder Singh purchased a piece of land at Chowadi from one Mohd Sharief and constructed boundary wall. After the purchase of land, mafia active in Jammu under the patronage of accused Ravinder Kumar Gupta alias Gola Shah started interfering into their peaceful possession.
The complainant approached the Revenue Department for demarcation of the land and after demarcation, it was certified that land belongs to the complainant and one Gurvinder Singh. Later, the accused accompanied by some goonda elements started threatening the complainant, who accordingly lodged a complaint with the Police Station Gangyal.
Later, scared by the threats extended by the accused, the complainant agreed in making false statement against the police official with regard to demanding of money and accordingly a false CD was prepared in order to save the accused from the Special Investigation Team.
On the basis of written report and direction of court, police registered a case for the commission of offences under various sections of RPC and 3/25 Arms Act. During the course of investigation, it came to fore that petitioner has impersonated himself as Mohan at the time preparing the CD.
After hearing Advocate Ankush Manhas appearing for the petitioner and Public Prosecutor for the State, Principal Sessions Judge observed, “if such types of cases are not dealt with heavy hands, there is every likelihood to have a chaos in the society. The crime is against the society and if the petitioner is admitted to bail, there is likelihood that he is going to tamper with the evidence and police will not be able to procure the best evidence available”.
“The petitioner is not entitled to pre-arrest bail as his custodial interrogation is required because the recoveries are pending. The police have yet to recover the laptop and CD of the forcible statement made by the complainant under threat of the petitioner along with other accused”, the Court said, adding “the act of the petitioner could not have been accomplished without the help of each other and all the accused were hand in globe with each other”.
“Though Court is conscious of the fact that prevention of crime is not the job of the court but still it cannot be over sighted that the functionaries those who are functioning in the administration of criminal justice system should not be made weaker also”, the Court said while denying pre-arrest bail to petitioner.