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Court grants bail in Sidhu attack case

Kashmir Times. Dated: 2/4/2015 2:13:12 PM

JAMMU, Feb 3 (JNF): Court today granted bail to a protestor in attack case on senior Bhartiya Janta Party (BJP) leader Navjot Singh Sidhu.
2nd Additional Sessions Judge Jammu MK Sharma granted bail to Rajinder Singh, son of Mohan Singh of Ward number 1, Bhour Camp, Jammu in attack case on Navjot Singh Sidhu.
According to case is that FIR number 197 of 2014 of Police Station, Satwari for the commission of offences punishable under sections 307, 341, 332, 353, 323, 336, 428 and 147 RPC with the allegations that on December 18, 2014, the petitioner/accused was a member of unlawful assembly which attacked the vehicle of Navjot Singh Sidhu, a BJP leader, who was campaigning for his party in Bhour Camp, Jammu damaging the vehicle of the VIP and also pelted stones on the police party accompanying the VIP and who were on duty.
After hearing Advocate Anmol Sharma appearing for the applicant 2nd Additional Sessions Judge Jammu M K Sharma observed that In the instant case the accused is wanted for the alleged commission of offences under section 307, 323, 341, 332, 353, 427, 336, 147, 147 and 149 RPC. The offences of which the accused is charged are not punishable with death or imprisonment for life. Therefore, there is no statutory bar in grant of bail. The police report revealed that the presence of accused is required for the purpose of investigation as weapons of offence are yet to be recovered. The state has not come up with any material to substantiate that the accused tampered with the prosecution evidence. The presence of accused for the purpose of further investigation can be achieved by directing the accused to cooperate in the investigation. Bail is a rule and its refusal an exception. The instant case does not falls in the category of exception. The custodial interrogation of the accused is not necessary.
With these observations, court is of the opinion that the petitioner/accused has made out a case for being released on bail. The application is therefore allowed. The petitioner/accused is admitted to bail on furnishing of surety and personal bonds in the amount of Rs 30,000 each on following terms and conditions that the accused shall cooperate in furtherance of investigation and shall appear before the IO during day time, if called for the purpose of investigation. Any recovery affected during this period shall be presumed to have been made in terms of section 27 of the Evidence Act. That the accused shall not tamper with the prosecution evidence and the accused shall not leave the jurisdiction of district Jammu without permission of IO till presentation of the charge-sheet.