Excelsior Correspondent
SRINAGAR, May 22: A local court today granted interim bail to Dr. Nissar-ul-Hassan, who was arrested by police this week for “unlawful activities”, but imposed conditions on him.
The court of Forest Magistrate after hearing his counsels Advocate Mohammad Abdullah Pandith and Advocate Mohammad Ashraf Bhat granted an interim bail to the accused subject to the surety and personal bond.
“The application is accepted and accused is admitted to interim bail of Rs.20000 and personal bond of like amount with condition,” the court said.
However, the court put a rider to his bail.
“The accused shall not jump over the concession of bail and influence the prosecution evidence and frustrate and hamper the trial and will fully cooperate with police and take the investigation of the case to its logical conclusion and not to tamper with the prosecution evidence in any manner,” the court directed.
The court further said that the accused shall not leave the jurisdiction of court without permission and attend the court on each and every date of hearing.
The court granted the liberty to prosecution to approach the court for cancellation of bail if the accused fails to comply with these conditions.
“It is true that the accused has alleged to have committed non-bailable offence in which he cannot claim bail as a matter of right. But on the other hand it is equally true that the accused is a doctor by profession and is working in SMHS Hospital, Srinagar, and keeping him behind the bars further shall amount to his pretrial conviction which is never the object of Criminal Justice System,” the court observed.
The court said that the accused be given a chance of fair trial to prove his innocence is his fundamental right and one cannot deny the same to him.
The court further said such offence does not carry punishment for life imprisonment and death penalty, thus the order of Section 497A CrPC is not attracted. The court put the matter for further proceeding on 31st of this month.
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