Excelsior Correspondent
JAMMU, May 20: Special Judge NIA Ashwani Sharma today rejected the bail application of ex-Minister Jatinder Singh alias Babu Singh in Hawala trade case.
After hearing APP for the SIA whereas Advocate Kuldeep Singh Parihar appearing for the accused/applicant Jatinder Singh, Special Judge NIA observed, “the investigation of the case is still pending and the allegations against the applicant are yet to be investigated by the investigating agency”, adding “the applicant is an ex-MLA/ex-Minister and if enlarged on bail at this stage, there are chances of tampering with the witnesses of the prosecution and exercising influence over the witnesses of the prosecution and intimidating them also and nobody would come against the applicant to make the statement either before the investigating agency during investigation or before the court”.
Court further observed, “taking into consideration the nature and gravity of the charge, the severity of the punishment, the seriousness of the crime, the position and status of the accused viz-a viz the victim/state and opportunity to approach the victim /witnesses, the accused does not deserve the concession of bail at this stage”.
“It is settled law that at the time of consideration of bail application, it is neither desirable nor necessary to weigh the evidence meticulously to arrive at a positive findings whether or not the accused has committed offence. What is to be seen is whether there are reasonable grounds to believe that the accusation are prima facie true”, the court said, adding “in the present case the question of unity, integrity, security and sovereignty of India in general and UT of J&K in particular is involved”.
“The investigation of the case is at its infancy and if the accused/applicant would be enlarged on bail, the course of justice would be thwarted”, the court said, adding “the embargo contained under Section 43-D (5) of UA(P) Act is also attracted in the present case. Thus in the larger interests of the security of the state the accused is not entitled to bail at this stage”.
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