Excelsior Correspondent
JAMMU, Apr 4: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Tashi Rabstan and Justice Puneet Gupta has upheld the order of Trial Court whereby bail application of LeT activist Khalid Latif Butt in terror funding case was rejected.
During the course of arguments, Senior Additional Advocate General Monika Kohli submitted that the trial court has found sufficient material on record and, therefore, the charges have been framed by the trial court against the accused.
“The involvement of the accused along with the co-accused is very much evident from the allegations which have been leveled against them. The accused is involved in terrorist activities and letting him off will only prejudice the sovereignty and security of the nation. The apprehending of the accused, namely, Mubashir Bhat led to the investigation and during investigation other accused were also found to be involved and thus the challan came to be presented against them”, she further submitted.
She further said, “the terror funding and handling of the same by the accused persons along with persons from Pakistan for terrorist activities in the country as mentioned in the challan and also handling of arms and ammunition by them came to fore during investigation. The accused-Khalid Latif Butt is stated to be member of LeT outfit and handled money and arms and ammunition for carrying out terror activities in the country”.
After hearing both the sides, the DB observed, “in terror related case, the bail has to be granted in a cautious manner as the activities in which the accused is involved pertain to the security of the nation. The accused cannot be granted bail unless there are circumstances which convince the court that the accused is entitled to the same on facts and that the rigour of Section 43-D(5) does not apply. The accused cannot be released on bail if the court is of the opinion that there are reasonable grounds for believing that the accusation against the accused is prima facie true and letting him off can have grave consequences”.
While dismissing the petition, the DB observed, “the rule of bail and not jail is not applicable to the case of the appellant in the facts and circumstances of the case. The accused can tamper with the evidence collected by the investigating agency if granted bail. No case is made out for grant of bail in favour of the appellant at this stage of the case”.
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