Excelsior Correspondent
JAMMU, Sept 10: Principal District and Sessions Judge Jammu, Jang Bhadur Singh Jamwal today granted bail to two alleged militants namely Sheeraj Ahmed, son of Mohd Abdullah of Shopian and Ghulam Ali, son of Ghulam Qadir of Khari, Banihal, and rejected the bail application of Faiza, daughter of Hyder Zaman of Rawalpindi, Pakistan.
According to police case, on March 11, 2012, DySP (Operations), Gool, received information that two militants namely Ghulam Ali and Sheeraz Ahmed, who had crossed the LoC in 2000 for training in handling of arms and ammunition in PoK, were returning back to Jammu and Kashmir through Nepal.
Accordingly, police proceeded to Jammu and arrested both the accused from Railway Station, Jammu along with a Pakistani woman Faiza Begum, who was reportedly the wife of Sheeraj Ahmed. During investigation, offences under Unlawful Activities Act, EIMCO, EAO, PP Acts and RPC were proved against Sheeraz Ahmed and Ghulam Ali and offence under Foreign Act against Faiza Begum.
Later, three minor children, who were accompanying Faiza Begum, were handed over to one Mohd Abdullah by the order of Judicial Magistrate First Class, Batote, for their safe custody.
After hearing Advocates A K Chatta appearing for accused Sheeraz Ahmed and Faiza Begum and Advocates Sheikh Zulfikar Ahmed, Kabir Malik and Zulkar Nain appearing for accused Ghulam Ali, Principal Sessions Judge Jammu, Jang Bahadur Singh Jamwal observed, “it is revealed from the remand order dated September 7, 2012 that the accused are entitled to bail because challan has not been filed against them within prescribed period of time”, adding “the order was in fact to be passed asking the accused to furnish the bail bonds and in case, the accused had failed to furnish the bail bonds, they were to be detained for want of sureties but it is observed that subsequently this fact was not kept into consideration while remanding the accused to the judicial custody”.
The Court further said, “90 days after the accused were arrested on March 12, 2012 no report has been submitted by Public Prosecutor seeking extension of remand to 180 days, so the accused who have filed bail application before the presentation of challan against them, are entitled to the grant of bail by virtue of Section 167 CrPC as amended in the Unlawful Activities Act”.
“As per the Division Bench of State High Court, it has been held that right under Section 167 CrPC can be exercised before the production of challan against the accused and not thereafter. Thus, the accused Sheeraj Ahmed and Ghulam Ali have a legal right to seek their release on bail under the provisions of Section 167 CrPC”, the Court said.
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