Page 55 - STATE v ARIF & ORS. SC-NO-540-2022 PART 1
P. 55

·.










                                                                                                    • •





                  . '
                  tr

    .
    ..


                        J:a.Gcount  of  the  accused  which  amount  was  subsequently  withdrawn.  It,_~
                 ~·-· 'M'_ ....
                         pertinent  to  mention  here  that  all  other  accused  persons  except  accused

                         Ashfaq @  Mohd. Arif (resident of Pakist<~n) have been acquitted or discharged .
                 . '
                        , ..
                        ·by trial  court  or  by  Hon'ble  High  Court of Delhi  and  the  theory  of conspiracy
                 . ,..,
                        'could not be established by the prosecution quring the trial.  It is also seen tha\
    .            '  .   1 J?.Oiice  custody of the  present accuseq was  ta~en:for a period of ten  day~ind
                  '
    . ,
                       • therefore,  furth~r custodial  interrogation  of  the  accused  is  not  required. 'tf is
    ...         ·  rt   ij'Seen  that there were more allegations against the other accused persons 141ho
                        .• ,'il
                   '
                 ~~ -· ...........                                                                  ;:  ...   .
                         have  been  discharged  or  acquitted,  regarding  giving  shelter,  etc.  besides
                         dealing in  money in  bank account to facilitate terrorist activities.  It is seen that
                        ,section 174-A IPC was not in existence when accused was declared PO.
                        ~-
                         10.         Therefore,  considering  the  llforesaid  facts  and  circumstances of .

                         the  case.  the  documents  including  the  ITRs  and  the  report of local  SH~:apd          '•
                 t~         L                                                                      '
                  .,     his<report  sent  to  learned  CJM,  Sri  Nagar  and  accused  having  no  previous
                  .     ....
                  . ___  ... ;.crimina'  antecedents,   I  find  it  a  fit  case  for  grant  of  bail  to  'ltle .
  i  -~
                         applicant/accused.  Application  is  therefore,  allowed.  Applicant/accused  Bilal
  ~·t'.'        ...-_::;:::::;;:.J~'hnn"d Kawa  is  admitted to  bail  on  his furnishing  personal bond in  sum of Rs.
    '.                  """'·u,,u,- with one surety in the like amount to the satisfaction of learned CMM/
  '
  ~~~ .
                                   Link MM subject to  the  conditions that applicant/accused shall join
               l  ..  .   investigation  as  and  when  called  by the  10 and  shall  attend  the  trial  on..ea?h


               · . ~~-~~ -~ and~e~ry date before the trial court.             ·                   ·.
                 '·. ·.,  ;t;;/                                                                   ·.
                  ~~~··                                                                            .~
                 •• -·  .....        Application stands disposed off accordingly.         \  ~

                                                                                    (Sidha~\.  a)             \.
                       ~~-                                              Addl. Sessions Judge-    7NDD      ,..
                                                                                                             90
                                                                                 New Delhi/07.022018'  •··-,
                                                                                                              0
                                                                                      "ddl.       .    ··~t~·- .
                                                                                      1"\      I  ~   ~ •' ,
  \                                                                                     .  .~  Qc.\0•  ""'
                                                                                      ~··       -··


                                                                                            Page· 3/3 ·; •











                                                                                                                   .  '  "' ..


                                                                                                   ; ...
   50   51   52   53   54   55   56   57   58   59   60