Court grants default bail to militant

27/06/2021

Jammu, Jun 26: A Special Court today granted default bail to suspected militant as police failed to file challan within 180 days. Special Court granted bail to Mohd. Ashraf S/O Ghulam Din R/O Khour Lar Tehsil Mahore Distt Reasi A/P Peer Bagh Colony Sunjwan Jammu who was arrested by the police in December, 2020 from who grenade was recovered.
According to the police that they had arrested militant on National Highway By-Pass on outskirts of Jammu City, who was affiliated with Lashkar-e-Toiba (LeT) outfit, and recovered two grenades from his possession. Police identified the arrested militant as Mohammad Ashraf son of Ghulam Din, a resident of village Lar in Mahore tehsil of Reasi district. However, he was presently putting up at Peerbagh Colony in Sunjawan area of Jammu with a view to create network of Lashkar-e-Toiba outfit and lob grenades in crowded areas of Jammu City to revive terrorism in the peaceful City of Temples. During naka checking of vehicles and individuals on National Highway By-Pass road, police spotted an individual trying to flee on observing movement of police personnel. He was chased by police and apprehended. Two grenades were recovered from his possession, sources said. A case against him under FIR No. 95 and Section 2/5 Explosive Substances Act and 18,38,39 UAPA has been registered at Bagh-e-Bahu police station against the militant where his sustained interrogation is on to ascertain identity of his handlers including the militants who had depute him here with grenades for terror activities. Police said Mohammad Ashraf was linked with proscribed terrorist organization Lashkar-e-Toiba outfit and was tasked by the handlers from across the border to carry out grenade blasts in Jammu City. The handler based in Pakistan was in contact with more terror operatives for whom police have launched search operation.
It is worthwhile to mention that Dy.SP/SDPO City North, Jammu passed an application passing appropriate direction in the matter viz-a-viz the custody of the accused namely Mohd Ashraf after the expiration of the maximum period of remand of 180 days as provided under section 43-D (2) (b) UA(P) Act.
Court after gone through the application observed that was arrested on 27.12.2020 in the above referred case and till today the accused remained in custody (police as well as judicial) for 180 days. It is pleaded in the application that though the investigation of the case is almost complete and only the sanction is required to be accorded by the competent authorities. As such, he prayed for extension of the period of investigation or passing any appropriate order/ direction with regard to the aforesaid accused. It is to be borne in mind that ordinarily the maximum period of detention under section 167 Cr.P.C is 90 days where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term not less than 10 years. But the aforesaid provision of section 167 Cr.P.C has been further modified in Unlawful Activities (P) Act 1967, while introducing section 43-D (2) (b) of the said Act.
Court observed the accused remained in custody (police as well as judicial) for 180 days which expires today, and the chargesheet in the present case has not yet been presented before this court, 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 aforesaid accused cannot be extended. Though in the application, IO has tried to convince this court that the aforesaid accused namely Mohd. Ashraf is involved in a serious offence which is relating to the sovereignty of the nation as well as UT of J&K and for that purpose some report is also awaited from Interpol. Besides this, FSL report of the seized mobile phone of the accused is still awaited from CERT Department of Information Technology and the Govt Sanction is also required to be obtained.
Cout convinced that 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 by the IO of the case before this court despite the fact that the custody of the accused has reached to the optimum period of the 180 days. Therefore, this absolute right of the accused under section 167 CrPC can in no circumstance be deny to him ordered that the accused Mohd.Ashraf S/O Ghulam Din R/O Khour Lar Tehsil Mahore Distt Reasi A/P Peer Bagh Colony Sunjwan, Jammu 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 is 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.

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