Excelsior Correspondent
JAMMU, Dec 15: Principal Sessions Judge Budgam, Khalil Ahmad Choudhary here today rejected the bail application of two cheats involved in the trade of fake gold biscuits which they used to sell to the general public at exorbitant rates and have collected huge money from the innocent general public through this illegal trade.
As per the case, Shabir Ahmad Dar and Jalal-ud-Din Dar, both sons of Gh. Mohammad Dar, residents of Arizal, district Budgam were booked under Section 420 of IPC in an FIR number 163/2023 registered at Police Station Khansahib.
After going through the facts and circumstances of the case, the Judge stated that he was of the considered opinion that it was a fit case for invoking exception to the general rule.
“The personal liberty guaranteed to the accused is undoubtedly their valuable right guaranteed under Article 21 of the Constitution but the same can be refused to them in accordance with the procedure established under law,” the Principal Sessions Judge said adding: “The right to liberty of an individual needs to be balanced against the interests of the whole society and the interests of society are to be preferred over the individual interests.”
The Judge said that act of the cheats have evoked great social resentment, anguish and unrest in the society, which prompts the court to refuse to exercise discretion for granting bail to the accused persons.
“Keeping in view the nature of the allegations against the accused and the stage of the investigation, nature and gravity of the offence, the bail application is rejected,” Judge Khalil Ahmad Choudhary ordered.