Excelsior Correspondent
JAMMU, June 3: Justice Tashi Rabstan of J&K High Court Jammu Wing today granted bail to Sultan Mehmood Mirza then SHO Gandhi Nagar who was alleged involved in fudging of evidence in much publicized Amandeep Murder case.
According to the application applicant-accused contended that on 27.09.2009, he was falsely implicated and arrested in a criminal case registered against FIR No. 247/2009 under Sections 302/34/201/120-B/409 RPC read with Sections 3/25/27 Arms Act on 29.08.2009 by the police of Police Station, Gandhi Nagar, Jammu. There are all 11 persons arrayed as accused in the said case whereas charge has been framed against ten persons as accused for the commission of respective offences on 06.12.2010. State-respondent has filed objections stating therein that the applicant-accused by abusing his official position being member of a Special Investigating Team constituted by the then Sr. Superintendent of Police, committed an offence of fiddling and fudging the original weapon of offence used by main accused Jatinder Singh for causing murder of deceased Amandeep Singh. It is also contended that the earlier bail plea of the applicant-accused has been rightly rejected by the Court of learned Sessions Judge, Jammu together with bail pleas of various other accused persons. It is further submitted that bail pleas of various other accused persons have further been rejected by this Court also vide judgment dated 03.05.2010 except that of one co-accused Jaggar Singh and against said judgment, SLPs have already been preferred before the Supreme Court.
Justice Tashi Rabstan after hearing Advocates Ashok Parihar & Rajneesh Parihar appearing for the petitioner whereas Sr. Adv Sunil Sethi with Adv Aijaz Mehrab appearing for the State observed that from the trial Court’s record, it reveals that almost all evidence and witnesses pertaining to alleged crime of applicant-accused have been brought on record and now there seems not much which can otherwise be apprehended to be influenced if the applicant-accused is released on bail. Taking cue from the judgment of the Supreme Court whereby two co-accused, namely, Rakesh Singh and Manohar Singh in the case have already been bailed out, this Court accepts the plea of applicant-accused and orders for his release on bail subject to the following conditions that the applicant-accused shall furnish bail bond to the tune of Rs 1,00,000 with two sureties of the like amount each to the satisfaction of the learned Presiding Officer of the trial Court. The applicant-accused on being released on bail shall attend the trial Court on each and every date of hearing and shall not leave the territorial jurisdiction of Jammu and Kashmir State without the prior permission of the trial Court. That he shall not try to give a slip to law in any way. Moreover, he shall not attempt to contort or influence any witness or any other person related to the case. In case of the applicant’s violation of any of these conditions, the State will be free to apply for cancellation of the bail granted by this Court.
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