Excelsior Correspondent
JAMMU, June 26: A special court today granted default bail to suspected militant as police failed to file challan within 180 days.
The militant namely Mohd Ashraf, son of Ghulam Din of Mahore was arrested by the Police in December 2020 along with grenades. He was booked under Section 2/5 Explosive Substances Act and Unlawful Activities Prevention Act at Bagh-e-Bahu Police Station.
After going through the application, the court observed, “the accused remained in custody (police as well as judicial) for 180 days which expires today and the charge sheet in the present case has not yet been presented therefore, the period of investigation can, in no manner, be extended beyond 180 days”.
“Consequently thereof, the judicial remand of the accused can also not be granted as prayed by the Investigating Officer and the further custody of the accused cannot be extended”, the court said, adding “no doubt the accused has committed a very serious offence against the integrity and sovereignty of the nation as well as UT of J&K and he do not deserve any kind of leniency in the present case yet the accused is entitled for the absolute bail /default bail for the reason that the charge sheet in the case has not been presented “.
“Therefore, this absolute right of the accused under Section 167 CrPC can in no circumstance be denied to him”, the court said and ordered that the accused be released on bail subject to furnishing of surety bond as well as personal bonds to the tune of Rs 50,000 each, provided he is not involved in any other case/FIR.
The accused was directed to refrain himself from indulging into the same like office during the bail period. “He shall not approach any of the prosecution witnesses for the purpose of winning them over. He shall also not leave the territorial limits of the UT of J&K without prior written permission of this court”, the court ordered.
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