Excelsior Correspondent
SRINAGAR, Nov 25: High Court today dismissed the bail application of son of deceased separatist leader Mohammad Ashraf Sehria and others who were booked for raising slogans during the burial of his father.
The Division Bench of Justice Ali Mohammad Magrey and Justice Sanjay Dhar while dismissing the appeal of the accused Mujahid Ashraf Khan and other persons said there is no merit in the appeal.
Sehria died last year due to COVID-19 in Jammu jail and during his burial at his ancestral graveyard in Kupwara, police accused his son, relatives and others of raising provocative slogans.
The court however, having regard to the completion of investigation of the case and submitting of charge sheet already before the Special Court, left it open to the appellants to approach the Special Court for grant of bail on merits in view of the changed circumstances.
The counsel appearing for the appellants contended that at the time when the Special Court granted extension in period of investigation and detention of appellants beyond 90 days, the appellants had already spent more than 90 days in custody and, as such, they were entitled to grant of default bail. “We are only called upon to consider the question as to whether appellants were entitled to grant of default bail on the ground that the charge sheet was not filed by the investigation agency within the prescribed period of 90 days”, DB said.
Court said that it is the Public Prosecutor who has to examine the Case Diary and other material where-after the said authority has to frame its independent opinion as to whether there is any requirement for extension of custody of the accused. “It is not a case where the Special Court has granted extension in period of detention of appellants merely on the basis of application made by the Investigating Officer but it is a case where Special Court has drawn its satisfaction from the report of the Public Prosecutor which was before it”, Court recorded.
“Therefore, it does not lie in their mouth at this stage to contend that their custody beyond 90 days is not in accordance with law. In fact, it appears that the appellants have not even urged the ground of default bail before the Special Court while seeking bail in their favour”, Court concluded.
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