Sheikh Saleem
Srinagar, May 04: A local court on Wednesday granted bail to firebrand Hurriyat leader Masrat Alam in sedition charges filed against him in 2010 for circulating a video asking security personal to quit Jammu and Kashmir.
Special Mobile Passenger Tax & Electricity Magistrate Surinder Singh after hearing both prosecution as well as the respondent, rejected the objection filled by state against the bail of Hurriyat leader. Court granted him bail to Alam over surety and personal bond of rupees fifty thousand rupees.
Judge said the court found no reason to let the accused to go for continuous imprisonment for the reason that continuity in custody shall result in his pre-trial punishment and is likely to deny him an opportunity to seek appropriate legal assistance in preparing an effective defence.
The prosecution had sought rejection of bail on the ground that the offence is heinous, serious and anti-national. State prayed for rejection of bail application on the ground that accused is involved in non-bailable offences as such cannot claim bail as a matter of right
Police had stated that the evidence collected by the investigating agency establishes prima facie case against the accused for the offence 13 ULA (P) Act, 506 and 124-A /RPC, as such this application of accused merits rejection.
The prosecution had further stated that if Alam is given bail, he may not face trial in court.
Court while rejecting the objections of state said heinousness of offence alone is not the criteria to refuse the bail in case it appears that the severity of punishment attached will compel the accused to evade the process of trial. “Then in such circumstances heinousness of offence and element of escaping from the clutches of law shall stand in the way of granting concession to the accused,” court observed adding that there is no likelihood of accused evading trial, much less when no material to that effect has been placed on record by prosecution.
Court granted bail to alam on the conditions that he shall not by any mode or manner cause any inducement, threat or coercion to the prosecution witnesses to depose in his favour and will not commit or repeat the similar offence in future. He has also been asked not to leave the state of Jammu and Kashmir without the prior permission of the court.
Earlier Alam through his counsel Farooq Ahmad Bhat rejected the charges levelled against him saying that FIR was lodged on behalf of some influential politician.