In a petition filed by Mohd Naseem father of victim seeking quashment of order dated 30.03.2020 passed by the court of Principal Sessions Judge, Samba, in terms whereof Mohammad Javed has been granted bail in case FIR No. 29/2020 for commission of offences punishable under section 376-D, 363, 109 IPC and section 4 POCSO Act 2012.
Justice Javed Iqbal Wani of J&K High Court after hearing Adv Jaggpal Singh for the petitioner, set aside the impugned order dated 30.03.2020 passed by the Principal Sessions Judge, Samba, as a corollary of which the Mohammad Javed shall be taken into custody by respondent No. 1 who shall also take effective steps for arresting the absconding co-accused namely Zahid Choudhary, (if not already arrested) forthwith and to conclude the investigation diligently in accordance with law.
While quashing the order of Trial Court, Justice Javed Iqbal Wani observed that In view of the nature of offences, the ferocity of the crime, the statement of the victim recorded under section 164 Cr.PC, the apprehension of the threat to the victim at the hands of the accused and absconding co-accused, the provision of section 437 Cr. PC there seem to be no reason for the trial court to have admitted the accused / respondent No. 2 to bail in a crime which has a serious magnitude and it will be a share abuse of process of law, in case the impugned order is allowed to continue, more so, in view of the specific objection of the respondent No. 1, that the accused is not cooperating with the investigation agency and has failed to appear before the Investigating Officer despite repeated calls /messages to attend the investigation.