Excelsior Correspondent
SRINAGAR, July 27 : High Court has granted bail to accused involved in commission of unlawful activities and other offences with the condition that it would not preclude or prevent arrest or re-arrest of them on cogent grounds in respect of charges.
The accused-Showkat Ahmad Sofi and Nayeem Ahmad Khan have approached the court by way of appeals challenging the composite order of court of Special Judge designated under NIA Act, Srinagar, rejecting their bail applications who have been arrested in connection with case FIR No.85/2018 under Section 120-B RPC, 17, 18, 38, 39 and 40 ULA(P) Act registered in police station Panthachowk, Srinagar.
Court has been apprised that the police agency has to complete investigation of the case within a period of 90 days and after its expiry, accused has an indefeasible right of being released on bail.
They also aver that there was no formal request from the public prosecutor to extend the period of detention. The Trial Court is said to have extended the detention of accused/ appellants beyond the period of ninety days in terms of orders dated 28th February 2019, 7th March 2019, 27th March 2019 and 10th April 2019.
It is vehemently averred that orders have been passed by the Trial Court on the applications of Investigating Officer (I.O.) and there had been no application, as was required in law, to be filed by Public Prosecutor under and in terms of provisions of Section 43D(2)(b) of ULA(P) Act and therefore, appellants are entitled to default bail.
Division Bench of Justice D S Thakur and Justice V C Koul after hearing the counsels and having essence of section 43D of ULA(P) Act said the emphasis has been laid by the Supreme Court on the importance of scrutiny by a Public Prosecutor so as not to leave a detenu in the hands of IO alone, inasmuch as Public Prosecutor has an option to agree or disagree with the reasons given by IO for seeking extension of time.
The DB said that the Trial Court in effect has not at all dealt with the right of appellants to grant default bail, even when application(s) were filed by them. It is also not denied that the Charge Sheet/Challan has been filed beyond the period of ninety days and, therefore, in those circumstances, notwithstanding the subsequent filing of challan, appellants could not have been deprived of their right to the benefit of default bail.
With these recordings DB allowed both appeals of accused persons and set aside the impugned Order dated 25th May 2019, passed by the court of Special Judge designated under NIA Act, Srinagar.
The DB while granting bail to both these persons subject to their furnishing personal bond in the amount of Rs.1,00,000/- each with two sureties each of the like amount to the satisfaction of the Presiding Officer.
The DB directed both to remain present before the Court on the dates fixed for hearing of the case, for any reason due to unavoidable circumstances for remaining absent they have to give intimation to the court and make a proper application for permission to be present through counsel.
The appellant court directed that they shall surrender their passport, if any, if not already surrendered before the Trial Court within one week and if they are not holders of the same, that fact should be supported by an affidavit and shall not leave the territorial jurisdiction of Trial Court without prior permission of the Court.
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