A local court here has granted interim bail to a constable accused of killing a teenager Wamiq Farooq of Rainawari area of Downtown in 2010.
Wamiq, a class 7 student, was killed after a teargas shell allegedly fired by police hit his head on 31 January 2010 near Gani Memorial Stadium in Downtown here.
The accused constable, Muhammad Akram Dar, in his bail application, pleaded that he is the only source of income of his family comprising class 10th son, two daughters of marriageable age and wife, and in case he is not bailed out, his family may face starvation.
In its order, the principal sessions court judge Muhammad Akram Chowdhary while referring to various Supreme Court judgments said that “prolonged delay in disposal of the trials and thereafter appeals in criminal cases, for no fault of the accused, confers a right upon him to apply for bail.”
The accused has been charged with culpable homicide not amounting to murder.
“The application for grant of bail is granted and the petitioner (accused) is admitted to interim bail till next date of hearing, on furnishing two sureties in the amount of Rs 1 lakh each with a personal bond of the like amount,” the court said.
However, the court granted bail to the accused on the condition that he shall not directly or indirectly make any inducement, threat or promise to any person or persons acquainted with the facts of the case. It also directed the accused to not leave the territorial limits of Kashmir without prior permission of the court.
“IGP Kashmir shall closely monitor the conduct of accused and submit the report by or before next date about his conduct during the period for which he is ordered to be kept at large on bail,” the court said.
After hearing both sides on the bail application, the court observed, “applying the cherished principles laid-down with regard to the consideration of bail, to the facts and circumstances of the present case this court is of the considered opinion that detention of the petitioner/accused without his trial shall not serve any purpose and shall be against the interests of justice.”
The court added that there is no statutory bar to the grant of bail in a case involving an offence under section 304 Part II RPC, which is neither punishable with capital sentence of death nor in the alternative to life imprisonment.
“Petitioner (accused), in view of the fact that the other co-accused has been admitted to interim bail, is also entitled to grant of bail on the principle of parity,” it said.
It added that “the contention raised by the counsel for the respondents, with regard to great deal of difficulty in seeking investigation, cognizance of offence U/S 304 RPC by the magistrate, resistance by the accused including petitioner and the undue patronage and protection given to them by the state of J&K and its police organization, are no grounds to refuse bail to the petitioner in view of the law settled with bail.”
To mention, on 1 December 2015, the court had sent assistant sub-inspector Abdul Khaliq and constable Muhammad Akram to Central Jail Srinagar after a police probe into the student’s killing indicted the duo of culpable homicide not amounting to murder. The Supreme Court on 7 April, 2017 had asked a trial court here to proceed with trial in Wamiq Farooq case “uninfluenced by findings of Special Investigation Team (SIT) and observations of the J&K High Court.”
The Apex Court had passed the directions while disposing a Special Leave Petition by the government challenging rejection of a revision petition filed by it in J&K High Court against sessions court order directing registration of second FIR into the killing. The case is listed for hearing on 26 February.