A local court here Saturday granted bail to eight persons accused of extracting sand illegally from river Jhelum.
After hearing prosecution and defence counsel advocateMarouf Khan, the court of additional district and sessions Srinagar judge,Sanjay Parihar, said though allegations are of grievous nature but havingregard to the averments made in the bail application that petitioners arelabourers, justice demands that they be released on bail as being the onlybread earner of their families.
Court added that their (accused) continuous incarcerationmust be proving detrimental to the bread and butter of their families.
“Bail is rule and its denial is exception and petitionerherein has been able to make out a case for enlargement on bail. Admitted tobail provided they furnish bail bonds to the tune of Rs. 30,000/-each andpersonal bond of the like amount with the conditions,” court said.
Court added that the accused persons will not leave theterritorial jurisdiction of this court without the proper and prior permissionof this court.
“The accused persons will not tamper or hamper with theprosecution evidence and will remain present before the court till the finaldisposal of the case. In case of default of any of these conditions,prosecution shall be at liberty to file the motion for cancellation of the bailof the accused,” it said.
Earlier, advocate Marouf Khan while moving bail applicationbefore the court, submitted that his clients are innocent and “have beenwrongly implicated and arrested in this case.”
While referring to various Supreme Court and High Courtjudgments, advocate Khan prayed that the accused persons be admitted to bail”otherwise it will amount to pre-trial conviction and will also violate theirfundamental rights which have been guaranteed to them by the Constitution.”
As per police report, the accused were stealthily removingsand from the banks of river Jhelum without any license and authorization forwhich they were arrested.
Defence counsel advocate Khan told court that his clientswere working under a contractor who has been authorized to remove sand upon theroyalty deposited with the Government and “the police agency in high handedmanner have arrested petitioners thereby putting their families to loss andinjury.”