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Court reject bail of ISJK commander | | | Early Times Report JAMMU, Jan 11: 3rd Additional Sessions Judge Jammu Madan Lal rejected the bail application of one Malik Umaid alias Abdullah ISJK Commander who was arrested by SOG Jammu in the year 2021. According to the police case that instant FIR was registered on 04-04-2021 u/s 13/17/20/23 ULA Act, On the information received through reliable sources at PS Jhajar Kotli, Jammu to the effect that some militants with arms and ammunition were present around Jhajar Kotli area. The Police party along with team of SOG Jammu started conducting patrolling and checking near Dumel Naka Suketar at about 7.30 pm the Police party stopped one person carrying one black colour bag (Puma company) who on seeing police party tried to flee from the spot. The police party chased and apprehended him. On questioning the said person disclosed his name as Malik Umed S/O Ab. Rashid Malik RIO YariporaKulgam. During checking of his bag 01 star pistol without magazine and 08 rounds wrapped in a cloth and cash amounting Rs 1, 13,000/- were recovered from his possession. While rejecting the bail application, 3rd Additional Sessions Judge Jammu Madan Lal after hearing both the sides observed that the trial of the case is at the mid stage, only 08 PWs have been examined and charges have been framed on 02.07.2022. The offences charged against the accused are punishable with imprisonment for life. The case law cited by the petitioner is older in point of time and the case-law cited by the Prosecution is recent in point of time, so the latter has to be given preference and the ground taken by the petitioner that there is delay in the completion of trial cannot be accepted as ground for grant of bail in view of the case-law cited by the Prosecution. Therefore, considering the facts, evidence recorded and yet to be recorded, relevant provisions of law and case-law, the application of the applicant is pre-mature and without merits. The applicant has failed to make out a case for grant of bail, at this stage, so the application cannot be allowed and bail cannot be granted. —(JNF) |
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