Jammu), December-10-2023- Special Judge NIA J&K Jatinder Singh Jamwal today rejected the bail application of Davinder Singh DySP who was dismissed the by the Govt.
Special Judge NIA J&K Jatinder Singh Jamwal after hearing Adv Iqbal Hussian Bhat for the applicant whereas Special PP K.S. Pathania for the NIA, observed that the rival submissions of the parties and applying mind to the facts and circumstances of the case and without going into greater details, I have no hesitation in observing that the applicant cannot be allowed the concession of bail, even for a limited period, in view of the gravity of offences for which he stands charge-sheeted as also the embargo laid in Section 437 of Cr.P.C., and Section 43-D (5) of the UA(P) Act. In observing that reliance is place on a ruling handed down by the Hon’ble Division Bench of the High Court of J&K and Ladakh, in: “Mohd. Sharief Vs. UT of J&K & Ors.” (Crl. (AD) No.14/2023, decided on: 01.08.2023) wherein the Hon’ble Division Bench refused the concession of bail to the accused involved in a case for offences under the UA (P) Act, who had prayed for the same on the ground that his wife was afflicted with terminal illness (Cancer), firstly on account of the gravity of offences and secondly on the ground that admittedly his sons were there to take care of the wife of the applicant-accused. The situation in the present case is almost identical and the ruling (supra) squarely covers the same. The argument of Ld. Spl. PP on that behalf is, therefore, well merited and deserves acceptance. Taking that into account as also the facts and circumstances of the case, I have no hesitation in observing that the applicant does not succeed in making out a case for grant of temporary bail. JNF