JULY-25-2023:- Additional Sessions Judge Baramulla Pawan Kumar Sharma rejected the bail application of alleged terrorist namely Imtiyaz Ahmad Ganie who was booked by Police Station Sopore in case FIR No. 217/2022 offence under Section 7/25 A. Act, 18,18-B, 20,23,38,39 of ULA(P) Act.
During the course of hearing APP opposed the bail plea and submitted that the offences in which petitioner is involved carries punishment up to life imprisonment and there is credible evidence against him showing his involvement in the case. The petitioner is affiliated with terrorist organization LeT which is a banned organization and if released at this juncture he may again join the organization and will hamper the prosecution evidence. It is also claimed that there is a threat to the life of the prosecution witnesses who are yet to be recorded.
Additional Sessions Judge Baramulla Pawan Kumar Sharma after hearing both the sides observed that petitioner in the present case has claimed that he is in custody for the last five months and even otherwise he is also not very old like the case of which law has been submitted. Not only this, the jail authorities have been providing the treatment to the applicant and has been regularly taking him to the hospital as per his requirements. In these circumstances it cannot be said that the condition of the applicant is such that he requires bail. Even otherwise jail authorities are continuously providing treatment to petitioner.
Court is of opinion that once a case falls under section 43-D of ULA(P) Act Clause-V , there is no provision for grant of bail on medical grounds and the Supreme Court of India as well as High Court of Bombay are the constitutional Courts and they have granted the bail while exercising constitutional powers. In view of this, the applicant is not entitled to bail on health grounds as his case is entirely different from that of the law submitted by the Counsel for the petitioner-applicant. With these observations, the Court rejected the bail application. JNF