Srinagar, Sep 8: A local Court here Wednesday observed that every accused person is innocent in the eyes of law till proven guilty.
The Court of Chief Judicial Magistrate Srinagar presided over by Farooq Ahmad Bhat made this observation after hearing prosecution and defence counsel advocate SarfarazWani on a bail application of a man accused of impersonation and robbery. The Court further observed that the accused person is entitled to bail as the court is bound to guarantee the personal freedom of the accused.
“But the court has to keep in mind that the accused shall be free within the jurisdiction of this court and will cooperate with the investigating agency as and when required for the investigation,” it added. The court said that it has to be kept in mind the accused needs to be given an opportunity to meet the allegations of the prosecution. “But that will not be construed that he has every right to temper and hamper the prosecution evidence and act in a way which shall defeat the paramount measures of criminal jurisprudence,” it said.
“It is settled principle of the law that the personal freedom of the accused person is vital and he shall be believed to be innocent till guilt is proved against him. Certain circumstances are to be kept in mind that the accused cannot claim bail, if he is alleged to have committed an offence which carries the punishment of death sentence or imprisonment for life,” the court said.
The court said that in the instant case, the bail petition moved by the accused person through his counsel appears to be well founded and the grounds urged in the petition are qualified enough to grant bail in favour of him. “Accordingly the accused person is admitted on bail.”
The court imposes conditions on the accused which include that he will not leave the territorial jurisdiction of Court without its prior permission.
“He will not tamper and hamper the prosecution witness/evidence available against him. He will make himself available before the Investigating Officer as and when directed,” court said. Earlier, defence counsel advocate SarfarazWani submitted before court that his client is innocent and has been booked in false and frivolous case.
Seeking release of accused on bail, advocate Wani submitted before court that his client is respectable citizen with no criminal record and antecedents.