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| `Over ground workers are more dangerous than militants’ | | Court rejects bail | | Early Times Report
Jammu, Sept 14: Principal Sessions Judge Jammu ,AK Shan today rejected the bail application of Mohd Rafiq S/O Ghulam Mohd R/O Chakra Bati District Doda who is facing trial u/s 16/17/19/20 Unlawful Activities Act.
The accused sought bail on the basis that other accused Amanat Ali and Mohd Salim have already been admitted to bail. Public Prosecutor Shabir Ahmed opposed the application by statting that the charges had not been framed and the offence committed by the accused is heinous and non-bailable and punishable with maximum sentence of life imprisonment and there is every likelihood of the accused jumping over bail which will thwart the course of trial and have great bearing on the interest of public in general and that of State in particular.
So far parity to the grant of bail claimed by the accused is concerned, it is not sustainable because as per the record accused Amanat Ali was granted bail because charge sheet was not filed within 60 days after his arrest and accused Mohd Salim is concerned, he has been granted bail on the ground that he was juvenile when he was arrested by the Police. Doctrine of parity applies only when the application for grant of bail to other accused is decided on merits. On the other hand Adv Anil Anand appeared for the accused/applicant submitted that offence in which accused has been arrested is not punishable with death or imprisonment for life; as such bar for grant under section 497 Cr.P.C is not attracted.
While rejecting the bail application, the court observed the State as well as country is already facing security problem including its subjects from the persons like accused who are bent upon to disturb peace and tranquility & spread terrorism which has already taken away lives of innocent citizens and forces fighting the militants .
Court further observed that Militant organizations are not so dangerous as compared to the over ground workers who provide help and shelter to such organization who are spilling day in and day out blood of the citizens. The nature of the allegation against the accused Mohd Rafiq speak lot about the involvement in the anti –national activities and helping dreaded militants who are bent upon to cause destruction in the shape of men and material of the State as well as country. It is the duty of the court to protect the interest of the society and security of the country while considering the bail application. With these observations Court rejected the bail application. JNF
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