Excelsior Correspondent
JAMMU, Jan 24: Principal Sessions Judge Ramban, M A Choudhary has rejected the bail application of Deputy Superintendent of Police, Sonaullah Naik, who was allegedly involved in custodial killing of a youth.
According to the prosecution case, on November 3, 1995, one Ayaz Ahmad Wani was taken to police custody by Incharge Police Station Banihal Inspector Sonaullah Naik presently DySP. When the deceased did not return home his father Abdul Rashid Wani approached police officer concerned for release of his son lodged in the lock up at Police Station Banihal.
The deceased was thereafter shifted to Police Station Ramban where his condition became critical due to injuries inflicted upon him in the police custody and he had to be taken to Emergency Hospital Ramban. Later, he was referred to Government Medical College and Hospital where he succumbed to his injuries on November 10, 1995.
Accordingly an inquiry was conducted by the then SP Ramban and on the basis of SP’s findings, a case was registered at Police Station Ramban under Sections 302/34 RPC. After completion of investigation, chargesheet was presented in the court of law.
After hearing Advocates A R Mustaq and B A Runial for the accused whereas Public Prosecutor G N Manhas for the State, Principal Sessions Judge Ramban, M A Choudhary observed, “accused/applicant has been charge-sheeted for the commission of the offences punishable under Sections 302/342/201/120-B/109 RPC. The offence under Section 302 RPC is punishable with death or in the alternative with life imprisonment and fine. In such offences jail is the rule and bail is exception as the accused may tamper with the prosecution evidence”.
“The role and conduct of accused/applicant throughout the investigation and trial, so far, has been very strange. The accused/applicant being a Deputy Superintendent of Police in the Police Organization had tried to keep himself away from reach of law. The accused/applicant cannot claim parity with the other co-accused who have been granted bail earlier as their role cannot be equated with his role”, the court further observed, adding the applicant/accused was custodian of the deceased and he cannot take refuge in saying that his superior officer had shifted the youth to Police Station Ramban where he was allegedly tortured to such internal injuries that he died as a result of those injuries.
“The accused/applicant before taking him into custody had absconded for a period of more than four years. Therefore, the apprehension of prosecution for jumping over the bail does not seem misplaced”, the Court said and dismissed the bail application.
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