Srinagar, May 10: Observing that the offence committed does not fall within the parameters of the offences that are punishable with death or imprisonment of life, High Court today granted bail to a drug peddler.
Accused Tariq Ahmad Lone of district Kulgam had approached the court seeking bail in a case (FIR 83/2016) registered against him for the commission of offences under Section 8/15 NDPS Act at Police Station Yaripora Kulgam.
Justice M K Hanjura while hearing both the parties at length and keeping in view of law laid down by Supreme Court granted the bail to Lone.
Court said, the accused has been languishing in the jail for the last more than four months by now and he has to prepare for his defence which is of an essence in a criminal trial. “The discretion has to be exercised on well based foundations of law and one cannot get swayed by sentiments and the temper and passion have no role to play in exercising the discretion for the grant of bail”, Justice Hanjura recorded.
“Therefore, there appears to be no reasonable ground for declining bail to the applicant and the maxim of the law of bails which has its application to the case on hand where the quantity of narcotics recovered from the applicant falls within the scales of an intermeditory quantity, for which the punishment provided is upto 10 years and a fine of rupees one lakh is “bail and not jail”, Justice Hanjura recorded in the judgment.
Court in this view admitted the accused to bail with the condition that he shall furnish a personal bond to the tune of Rs. 50,000 with a surety of the like amount to the satisfaction of the trial court.
Court also directed him to remain present before the trial court, as and when asked to do so and shall not leave the territorial limits of the jurisdiction of the trial court without seeking permission.