Excelsior Correspondent
SRINAGAR, Dec 12: A local today rejected bail application of 17 persons accused in killing of Deputy Superintendent of Police by lynching him in June this year at Jamia Masjid Srinagar and framed charges against them for murder.
The court of 4th Additional Sessions Judge Srinagar today announced the order on charges against these persons and held that accused persons have committed the offences so they are liable to be charged and accordingly charged them for murder.
Trial Court after hearing both the sides observed that material on record in the shape of statements of witnesses recorded under Section 161 CrPC as well as under Section 164-A CrPC and disclosures and recoveries thereafter and the court is convinced that the accused persons have committed the crime.
“…this court is not convinced with the arguments of the counsel for accused persons, at this stage of charge and also the judgments referred by him during arguments are not relevant at this stage and the conclusions drawn by the courts in those judgments are after appreciation of evidence, after full dressed trial”, trial court said.
Court also added that in these circumstances of the case, the court is left with no option to differ with the conclusion arrived at by the Investigating Officer as there are grounds for presuming that accused persons have committed the offences.
Accused persons had during the trial applied for the bail before the court and while framing charges against these accused, court rejected the application with the observation that accused are behind the bars for the last few months, however, mere incarceration of the accused cannot be ground for their enlargement on bail.
“The allegations against the accused/applicants herein are serious in nature as they have allegedly lynched the innocent police officer to death which has shaken the prudent conscience of the society/public at large”, Court said.
Court on cancellation of bail of all these accused also added that it has found prima-facie material against the accused persons/applicants herein for the commission of offences alleged to have been committed by them and the trial against them is at very infancy stage and the prosecution has yet to commence the evidence and the likelihood of the accused to jump over the bail and the tamper with the prosecution evidence cannot be ruled out.
As per the case of prosecution that on 22.06.2017 some miscreants at Jamia Masjid, Nowhatta, Srinagar led by accused persons while raising slogans against Union of India, accession of J&K State with the Union of India caught hold of an unknown person who was beaten and lynched to death.
The unknown person, it is said, turned to be DySP of the 3rd Security who was deployed to supervise manpower for access control at Jamia Masjid on the day of Shabi Qader.
Subsequently a case under FIR No.51/2017 under Sections 302,148,149,392,341 RPC read with 13 Unlawful Activities (Prevention) Act was registered and investigation was set in motion.
During investigation Special Investigating Team constituted for the said purpose, besides other legal formalities, got statements of material witnesses recorded under Section 164-A, CrPC as well as under section 161 CrPC and also recorded disclosure memos and recoveries thereafter.
On sustained investigation, accused persons were found allegedly involved in the commission of above mentioned offences and were taken into custody on different dates as reflected in the arrest memos.
Those against whom charge of murder and cancellation of bail has been ordered by the trial court are Adil Siraj Misgar S/o Siraj-ud-din Misgar, Dawood Fayaz Zargar S/o Fayaz Ahmad Zargar both residents of Jamia Masjid Srinagar, Faisal Manzoor Khan S/o Manzoor Ahmad Khan R/o Raj Bagh Srinagar, Sheikh Khalid Rasool S/o Ghulam Rasool, Iqbal Ahmad Khan S/o Nisar Ahmad Khan R/o Chundpora Nowhata, Arsalan Mushtaq S/o Mushtaq Ahamd R/o Chundpora Nowhata Srinagar, Jowenz Hussain Khan S/o Mohd Hussain Khan R/o. Rang Haman Nowhata Srinagar, Sameer Ahmad Khan S/o Abdul Rashid Khan R/o Karfali Mohalla Srinagar, Imran Nabi Bhat S/o Ghulam Nabi Bhat R/o Khawja Bazar Nowhata Srinagar, Aarooj Afaq Bhat S/o Afaq Ahmad Bhat R/o Chundpora Nowhata Srinagar, Seerat Hassan S/o Mohd Alliyas Dar R/o Malaratta Nowhata Srinagar, Musavir Nabi Bhat S/o Ghulam Nabi Bhat R/o Waganpora Eidgah Srinagar, Danish Ayoub Budoo S/o Mohd Ayoub Budoo R/o Sazgaripora Hawal Srinagar, Bilal Ahmad Lone S/o Abdul Rehman Lone R/o Saidapora Eidgah Srinagar, Danish Rahaim Mir S/o Abdul Rahaim Mir R/o Eidgah Srinagar, Mubashir Nazir Bhat S/o Nazir Ahmad Bhat R/o Safakadal Srinagar and Owais Ahmad Bhat S/o Muneer Ahmad Bhat R/o Rangpora Ellahibagh Srinagar.
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