Excelsior Correspondent
JAMMU, Apr 3: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice Tashi Rabstan and Justice MA Chowdhary today upheld the rejection of bail of Javed Ahmed Bhat, supporter of LeT.
According to the police case, the appellant Javed Ahmed Bhat had accommodated the foreign terrorists initially in his hotel and then in his house and also arranged SIM card for them, besides accommodated them in Padshahibagh and used to meet them in Bishambar Nagar area occasionally to discuss and plan their movement and other terrorist activities.
The police concluded the investigation establishing that all the accused persons including the appellant conspired with each other to wage war against the Government of India by receiving, transporting, concealing, harboring and by extending all physical and communicational logistics to the freshly infiltrated Pakistani terrorists of proscribed terror organization “Lashker-e-Toiba”.
Based on the investigation, the charge sheet was concluded against the appellant for the commission of offences punishable under Sections 13, 18, 19 & 39 of UAP Act.
The DB observed, “this appellate court while hearing the appeal against the rejection of bail cannot go into the intricate questions of whether the offences are made out or not as the evidence cannot be appreciated so minutely at the stage of consideration of bail, which is expected to be considered at the trial stage”.
“It appears that the judge presiding over the NIA Court has discussed all the points raised by the appellant before the trial court and the point wise determination has been given with elaborate discussion on each and every point raised”, the DB said, adding “perusal of charge sheet and other incriminating material, while exercising appellate jurisdiction, this does not find any illegality or perversity in the impugned order, which is, thus, upheld, as a result the appeal fails and is, accordingly dismissed”.
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