Excelsior Correspondent
JAMMU, June 3: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice Arun Palli and Justice Rajnesh Oswal today dismissed the bail application of Burhan Din Wani, LeT militant.
The appellant was apprehended on 03.04.2020 upon the disclosure of the co-accused namely Azad Ahad Bhat and Altaf Ahmad Baba from the house of one Ab Razaq Bhat, son of Gh Ahmad Bhat of Shalipora Langate, Handwara along with arms and ammunitions.
After hearing both the sides, the DB observed, “it is true that the counsel for the appellant, has contended before the Special Court that the alleged disclosure and the consequent recovery in relation to the appellant was not at all proved at the trial of the case which is at the advanced stage”.
“It is the stand of the appellant that as against 21 prosecution witnesses 17 witnesses have been examined including the material witnesses cited in respect of the disclosure and recovery, who have not supported the same as their testimonies recorded at the trial are full of material contradictions and discrepancies”, the DB said, adding “trial court at the stage of consideration of the bail application was not required to scan and weigh the evidence as is being done at the conclusion of the trial but had to see only whether the involvement of the appellant appears to be prima facie true”.
“In the backdrop of the legal scenario, we are of the opinion that the trial court has passed a legally maintained order, which does not admit of any interference. While hesitating to comment on the nature and quality of the evidence so far adduced at the trial, we agree with the opinion of the trial court that he was not required at the stage of the consideration of a bail application to weigh and scan the evidence to find out contradictions and conjectures”, the DB said while dismissing the appeal.
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