Excelsior Correspondent
JAMMU, Nov 20: 1st Additional Sessions Judge Jammu Yash Pal Kotwal has rejected the bail application of one Jaswinder Singh, son of Zorawar Singh, who was booked by the police under NDPS Act.
After hearing APP Harminder Singh for the State, 1st Additional Sessions Judge observed, “court while considering the bail under Section 437 of the Code of Criminal Procedure is guided by the allegations being relied upon by the prosecution and the evidence collected by the investigating officer viz-a-viz each accused”.
“Court is also guided with the nature and seriousness of the prosecution, severity of punishment, character, behaviour, standing of accused person etc. The court is also supposed to be guided by the principle that bail is a rule and jail is an exception, but that exception is further subject to an exception that the provision of bail should not be interpreted only for the benefit of accused, but also for the benefit of prosecution and the benefit of the society at large, which can also be effected directly or indirectly with the commission of an offence, against the society”, the Judge said.
“So, law of bail should balance between two conflicting demands—shielding the society from the misadventures of the person allegedly involved in crime and presumption of innocence of the accused till he/they is/are found guilty. The fact that intermediate quantity of contraband has been allegedly recovered from the applicant is no ground for granting bail to him/applicant”, the court said, adding “
“The offenders under the Act need to be dealt strictly in order to put restriction on illegal selling and possession of the contraband substances. Furthermore, the grant or refusal of bail in offences under the Act puts great impact on society”, the court said while rejecting the bail application.
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