Excelsior Correspondent
JAMMU, May 13: The court of 3rd Additional Sessions Judge, Jammu, designated as Special Judge under the NIA Act, has cancelled the bail granted to accused Mohd Rafiq Pahloo alias Saleem alias Nanaji in the Dr Rubaiya Sayeed kidnapping case, registered by the CBI as RC 7(S)/1990.
The order was passed by Judge Madan Lal on an application moved by the CBI seeking cancellation of bail on the ground that the accused had allegedly involved himself in another serious case after being released on bail in the 1990 kidnapping case.
As per the CBI, the investigation into the criminal conspiracy to kidnap Dr Rubaiya Sayeed was entrusted to the agency by the then Government of Jammu and Kashmir, following which FIR RC 7(S)/1990 was registered. After completion of investigation, the CBI filed the chargesheet and the trial is presently underway before the Special Court.
The CBI submitted that on the last date of hearing, a prosecution witness could not be examined due to the absence of accused Mohd Rafiq Pahloo. It was orally reported to the court by the defence advocate that the accused had been arrested in another case.
The agency stated that Pahloo had been arrested in FIR No. 23/2023 of Police Station Kothibagh under Sections 10 and 13 of the UAPA read with Section 121-A IPC, and was in judicial custody. The CBI contended that the alleged fresh involvement amounted to repetition of heinous offences and violation of the terms and conditions of bail earlier granted to him.
The CBI sought cancellation of bail by invoking the court’s powers under Section 439(2) CrPC, submitting that the accused had misused the concession of bail and was required to be committed to custody.
Opposing the plea, the accused submitted through counsel that the FIR registered at Police Station Kothibagh had allegedly been manufactured with mala fide intention and that mere registration of another FIR could not be treated as proof of commission of an offence. It was argued that since being granted bail in 1995, he had not violated any condition imposed by the court.
After hearing both sides, the court observed that the CBI had sought cancellation of bail mainly on the ground that the accused had violated the statutory condition under Section 437(3)(b) CrPC, which provides that a person released on bail shall not commit an offence similar to the one of which he is accused or suspected.
The court noted that the accused had admitted registration of FIR No. 23/2023 and that he had been remanded and sent to jail in the said case. The court further referred to the Supreme Court judgment in Dolat Ram Vs State of Haryana, wherein it was held that bail can be cancelled if the accused misuses liberty by indulging in similar criminal activity, interferes with investigation, tampers with evidence, threatens witnesses, attempts to flee, or abuses the concession of bail.
Holding that the CBI had made out a well-founded case, the court cancelled the bail granted to Mohd Rafiq Pahloo alias Saleem alias Nanaji in RC 7(S)/1990.
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