Bandipora: The Court of Chief Judicial Magistrate Bandipora Tuesday rejected the bail to the DDC member involved in alleged assault on a Revenue team.
Ghulam Mohiuddin Rather, the DDC member from Arin constituency was booked under sections 307, 392 and 353 of the Indian Penal Code after the Assistant Commissioner Revenue moved a complaint with the Police that the Revenue team headed by him was assaulted in Serender village on July 3 when they were there on a visit in connection with some official work.
The complainant said that one Ghulam Mohiuddin Rather assaulted the entire team, especially Tehsildar Bandipora and caught hold of his neck and tried to kill him.
It said that during this action, the accused and his associates snatched and tore essential revenue documents of Kudara road and stole them.
The DDC member was immediately arrested and was lodged in 10-day Police custody after the court order.
On Tuesday, the petitioner moved the bail application in the case.
The petitioner through his counsel prayed before the court that the accused was purely innocent until proven guilty, and had committed no crime whatsoever.
The petitioner said in the application that the accused shown involved in offences was not an exception of refusing the bail and the offences do not carry life sentence and death penalty and that the petitioner has to be given chance to prepare his defence which could only be done when enlarged on bail.
However, the additional public prosecutor resisted the application stating that the accused was involved in the commission of non-bailable offences and that the accused person was highly influential and was threatening the witnesses.
While passing the rejection order, the judge said, “As per the report of Police, the investigation concerning accused is going on and the investigation has not been completed yet. The investigation of the case is at infancy and admitting the accused to bail would derail the investigation. As the accused has beaten the government officer, especially Tehsildar Bandipora and has snatched essential revenue documents from them while performing their duty, it is the worst form of conduct and behaviour which is not expected from any person in a civilised society and same lowers down the dignity of officers in the eyes of society. The offence is against society at large as a public servant has been attacked.”
It has been held by the Supreme Court in ‘Prahlad Singh Bhati versus NCT, Delhi and another’ on 2001: “We would reiterate that in cases where the offence is punishable with death or imprisonment for life which is triable exclusively by a court of sessions, the Magistrate may, in his wisdom, refrain to exercise the powers of granting the bail and refer the accused to approach the higher courts unless he is fully satisfied that there is no reasonable ground for believing that the accused has been guilty of an offence punishable with death or imprisonment for life.
“Keeping in view the interest of justice, bail application moved by the counsel for the applicant is rejected. However, this order shall not affect the main challan which will be decided on its own merits.”