Early Times Report
Jammu, Dec 20: Additional sessions judge, Jammu, Shahzad Azeem today rejected the bail application of 38 persons involved in group clash.
According to the police case, the applicants on December 1, 2016 ganged up and attacked each other with fire arms, sharp-edged weapons and rods as a result of which they sustained injuries and also remained hospitalised for sometime.
"Perusal of CD file reveals that two sets of FIRs being No 250/2016 and 251/2016 stand lodged against the applicants. It is seen that statements of some of the witnesses also stand recorded which reveals that both the parties have sustained injuries in the group clash. Therefore, prima facie it appears that applicants indulged in inflicting injuries on each other by wielding fire arms, sharp-edged weapons and rods which are yet to be recovered," the court said.
After hearing the two sides, the judge said benevolence of section 497-A of CrPC 'is only contemplated to save the peace loving citizens from being maligned and it cannot be pressed into service for protecting the people who are allegedly found to have indulged brazenly in commission of offence by use of fire arms, tokas and rods, in broad daylight in a horrifying manner'.
"Keeping in view the stage of investigation and, particularly the recoveries, which are yet to be effected, the benefit of section 497-A of CrPC cannot be extended to the applicants being fraught with danger of being hampering the fair investigation," the judge said.
With these observations, the court rejected the bail applications of 38 persons.
The accused included Haji Mohammad Ali, son of Hussain Baksh, Shah Mohammad, Showkat Ali, Gulzar Mohammad, Saddam Hussain, son of Gulzar Mohammad, Shahbaz Malik, son of Showkat Ali, Mohammad Rashid, son of Imam Din, Mohammad Yousaf, son of Imam Din, Mohammad Ashraf, Mohammad Amin, Alyas, all sons of Mohammad Yousaf, Mohammad Muneer, son of Bashir Ahmed, Mohammad Saleem, son of Hakam Din, Abdul Majeed, son of Imam Din, Khalid Hussain, son of Nazir Ahmed, Waseem Akram, son of Fazal Hussain, Irfan, son of Abdul Majeed, Yaseen Mohammad, son of Mohammad Sadeeq, Mohammad Imran, son of Abdul Majeed, Gulzar Ahmed, son of Mohammad Saleem, Akram Raza, son of Fazal Hussain, Mohammad Mushtaq, son of Bashir Ahmed, Bashir Ahmed, Nazir Ahmed, Mohammad Sadeeq, Mohammad Amin, son of Mohammad Yousuf , Javed Ahmed, son of Mohammad Yousuf, Zaffer Hussain, Ramzan Mohammad, Mushtaq Ahmed, all sons of Israel Mohammad of Firdousabad, Sunjwan, Mir Ali, son of Haji Mohammad Ali, Saleem Zaffer, son of Mir Ali, both residents of Chatta, Khair Din, son of Haji Mohammad Ali of Firdousabad, Muneer Ahmed, son of Gulzar Mohammad of Firdousabad, Liaqat Ali, son of Haji Mohammad Ali, Anjum Malik, son of Saraj Din Malik, Shahid Malik, son of Shah Mohammad of Firdousabad, and Ashraf Ali, son of Abdul Gani of Chatta. |
