A local court here once again rejected the bail applications of all the three accused including Ghulam Muhammad Lone alias Papa Kishtwari stating that, “it is not necessary that bail should be granted on the grounds that accused have spent a lot of time in the jail.” The court of 4th Additional Session Judge C L Bawaria cited the authoritative judgment of the Supreme Court reported in AIR 2007 SC in case Rajesh Ranjan Yadav vs CBI through Director. In this case the Apex court has held that: Criminal procedure code (2) of 1974 section 437-grant of bail depends on facts and circumstances of each case while no absolute rule that bail must be granted because a long period of imprisonment has expired.”The three accused Ghulam Muhammad Lone alias Papa Kishtwari, Ghulam Rasool Ganaie and Khurshid Ahmed Ganaie against whom an FIR vide number 16/2007 under section 302,364,342,120-B RPC stands registered in Police Station Nishat for allegedly kidnapping and murdering of a contractor Ali Muhammad Mir applied for bail through their counsels.
The Counsels for the accused persons according to CNS submitted that FIR against the accused was registered after the expiry of 11 years of the alleged occurrence.
The Counsel for Papa Kishtwari, Advocate Gaffar Mansoor submitted that dozens of witnesses have stepped in the witness box and they have not raised finger against his client with any kind of legal evidence which would make the court to be prima facie satisfied about the commission of the crime by him.The counsel for second accused Ghulam Rasool Ganaie while moving the bail application prayed that accused is on death bed and not a single witness has implicated him. The Counsel sought bail on medical grounds for the accused.The counsel for third accused Khurshid Ahmed Ganaie sought bail on the grounds that the name of the accused does not figure in the missing report filed in 1996.After listening the arguments, the 4th Additional Session Judge Srinagar rejected the bail pleas of the all the three accused keeping in view the nature of accusation, severity of punishment and general public interest in the case. (CNS)