DB reject bail of accused involved in Nowhatta mob lynching
JKUT (Jammu), September-02-2021-( JNF):- A Division Bench of Jammu & Kashmir High Court Comprising Chief Justice Pankaj Mithal and Justice Sanjay Dhar today rejected the bail application of one Peerzada Mohammad Waseem who was involved Nowhatta mob lynching in which Mohammad Ayub Pandit, a deputy superintendent of police was stripped naked and stoned to death by a mob outside the historic Jamia Masjid in Jammu and Kashmir’s Nohawatta district during the night-long celebration of Ramzan.
Division Bench while rejecting bail application observed that at the stage of granting bail, a detailed examination of evidence and
elaborate documentation of the merit of the case cannot be undertaken.
What is the effect of statements of hostile witnesses would be a moot point to be decided during the course of trial of the main case and cannot be decided during bail proceedings. The mere fact that material witnesses have turned hostile, in our opinion, by itself is not sufficient to grant bail because of the simple reason that this Court cannot imagine what would happen till the disposal of the case. If the Court were to accept or to rely upon the evidence of the prosecution recorded by the trial court, it would amount to appreciation of evidence on record which is impermissible in these proceedings. Till the completion of evidence and the trial, appreciation of evidence at the time of granting or rejecting bail, this Court cannot step into the shoes of the trial court for the purposes of appreciating the material on record.