Excelsior Correspondent
JAMMU, Dec 14: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Tashi Rabstan and Justice Rajesh Sekhri has dismissed the appeal filed by NIA challenging the order of Special Judge, NIA J&K whereby bail was granted to Feroz Ahmed Lone, former Deputy Superintendent of Jail.
After hearing DSGI Vishal Sharma for the NIA whereas Senior Advocate Abhinav Sharma with Advocate Parkhi Parihar for the respondent, DB observed, “the allegation against the respondent is that he facilitated the meeting between one Ishaq Palla and other two terrorists in the jail premises and, therefore, he was part and parcel of the offences committed by rest of the accused persons”.
“Trial court on appreciation of material adduced by the prosecution observed that there is no material on record to conclude that there are reasonable grounds for believing that accusations made by the prosecution against respondent are prima facie true. It is pertinent to note that interim bail granted in favour of respondent was made absolute after presentation of the final report by the prosecution in terms of Section 173 CrPC”, the DB observed.
“There is consensus between counsels appearing on the rival sides that respondent has been formally charged now and case is pending for prosecution evidence. Respondent at the relevant time was working as Deputy Superintendent of Jail and, therefore, trial court has rightly observed that there are least chances of his jumping over the bail or taking any undue advantage. Therefore, we do not think that any purpose will be served by cancelling the bail already granted in favour of the respondent and remanding him to custody”, the DB said and accordingly dismissed the appeals and upheld the impugned orders.
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