Excelsior Correspondent
JAMMU, Nov 21: Special Judge NIA Srinagar Sandeep Gandotra has rejected the bail application of Sheikh Najamu Saqib, who was in contact though various social media applications with the Pak handlers/terrorist of JeM Module in Kashmir valley.
After hearing both the sides, the court observed, “so far as the matter of grant of bail to applicant is concerned there is non-obstante clause mentioned in Section 43-D (5) with regard to Chapter IV and VI of this Act. It states that such accused shall not be released on bail or on his own bond if the court, on the perusal of case diary, is of the opinion that there are reasonable grounds for believing that the accusation against such person is prima facie true”.
“In the humble opinion of this court, if the allegations leveled in the police report, CD file and statements of witnesses are to be taken into consideration in entirety at their face value, prima-facie there are reasonable grounds to believe that the accusation against the accused person/ applicant for the commission of offence U/Ss 153-A, 505, 121, 120-B IPC, 13, 39 UAP Act are reasonably true”, the Special Judge said.
“Therefore the embargo contained Section 43-D (5) with regard to offences under chapter IV & VI of UA P Act is clearly attracted to the facts of this case. As such, the accused does not deserve the latitude of bail at this stage”, the court said.
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