Sarpanch Murder case: DB rejects bail of HM Ultra
17/05/2017
Jammu, May 16: In a much publicized murder case of Sher Mohammad Sarpanch village Changa in which Trial Court awarded fe-imprisonment and fine Rs 5000 to one Hizb-ul-MUjhadeen (HM) terrorist namely Tariq Mattoo Code Gorkha of Soti Gandoh, A Division Bench of State High Court Comprising Justice Alok Aradhe and Justice Janak Raj Kotwal after hearing Adv Rozina Afzal for the accused whereas Sr. AAG Seema Shekhar for the state, rejected the bail.
According to the police case that on July 4, 2002 at 9.30 pm an information was received in PS Gandoh from reliable sources that terrorists Irfan Ali Code Babloo, Jan Mohammad Code Hamza and accused Tariq Matoo Code Gorkha entered the house of Sher Mohammad Rather, Sarpanch Halqua Changa and fired on Sher Mohammad killing him on spot. The terrorists after killing the deceased kept one IED nearby to cause damage to lives of security forces. On the strength of this report FIR No.57 for the commission of offences u/s 302 RPC, 7/27 A.Act and 3.PSS Act was registered in PS Gandoh.
Division Bench after hearing both the sides observed that No doubt that the Supreme Court has held that where the appellant has served the half of the jail sentence, the appellant should normally may release on bail. Section 497-D of the Code of Criminal Procedure does not apply in this case for the reason that the said Section excludes offences for which imprisonment for life is provided for one of the sentences like offence under Section 302 RPC which is punishable with death or imprisonment for life. Besides that, it is pertinent to note that on 1.7.2014, the Division Bench of this Court had already rejected the prayer for bail, this Court do not find any ground to take a different view. Besides that, it is pertinent to mention that the appellant was absconding and was apprehended after filing of the charge sheet and two of the co-accuseds are still absconding. With these observations Court rejected the bail application. JNF
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