Tag: #InterimBail

On June 10, 2021, a fifty-year-old Sajad Rashid Sofi reportedly made a comment at a Janata Darbaar saying that he has no expectations from the non-local police officers posted in Jammu & Kashmir. The accused is said to have made the comment during an interaction with locals at Mansbal in Central Kashmir and has reportedly created panic and enmity between groups.

Sofi was arrested by the Jammu & Kashmir police under Section 153-A of the Indian Penal Code for promoting enmity between groups. To this, Sofi proceeded to move a bail application before the court of the Judicial Magistrate, Ganderbal.

The bench of Judge Fakhr Un Nissa, on June 12, granted interim bail to Sofi till June 21, 2021, subject to various conditions. However, the police kept him under preventive detention, claiming that he was a potential “threat to peace” and that he could harass the witness and obstruct the investigation.

The legal counsel of the applicant submitted that he has been falsely implicated in a frivolous case, of which he does not know of. He further stated that the applicant is the only source of earning for his family and if not released on bail, the family will die of starvation. Sofi’s advocate further ensured the court that Sofi will not harm or tamper with any part of the investigation.

The prosecution contended that the accused is involved in a non-bailable offence and thus, the accused is not entitled to bail as a matter of right. He further stated that there of credible evidence available against the accused and the concession of bail in the favour of the accused will harm the investigation.

On June 15th, the court stated that bail is a rule and its rejection is an exception. Bail in a non-bailable offence cannot be refused without supporting it with a strong reason although bail is ultimately at the discretion of the court. The court further stated that it has sufficient reason to exercise discretion of bail in favor of the applicant and granted interim bail up to 21st June, provided that he will furnish surety and personal bonds before the SHO concerned.

-Report by Anuj Dhar

The Jaspal Singh Gosain versus CBI case, otherwise called the Ranbir Singh counterfeit experience case, is a criminal case in the Uttarakhand province of India, that occurred on 3 July 2009, and included fake encounter killing of Ranbir Singh, a 22-year-old MBA graduate in Dehradun.

18 cops of the Uttarakhand Police were sent up for preliminary investigation after the murder of the Ranbir Singh. Delhi court sees seven of them as liable of homicide, 10 of them of criminal conspiracy and kidnapping to murder and another is indicted for destruction of proof.

The Delhi High Court, in 2014, affirmed the conviction for the offences of the cops under Sections 302 (Punishment for Murder) and 364 (Kidnapping or stealing to kill), read with Section 120-B (Criminal Conspiracy) IPC. The Supreme Court on June 8th, heard the bail plea of one of the police officer serving life imprisonment for the 2009 fake encounter in Dehradun for murdering a 20-year-old MBA understudy.

The bench relied on the order dated January 13,2021 which said “The Learned Additional Solicitor General has no objection to release the appellant purely on humanitarian grounds on interim bail.” The Bench allowed the opportunity to the state to record its answer and listed the matter for hearing on next Tuesday.

-Report by Anuj Dhar