STATE TIMES NEWS JAMMU: Chief Judicial Magistrate (CJM) Reasi Amarjeet Singh Langeh on Saturday rejected the bail application of alleged bovine smuggler Abdul Majid, son of Mohammad Hanif, resident of Miran Sahib, Jammu. According to the police case, on July 12, 2019 when a truck bearing registration No. JK02AT-7334 was signaled to stop by patrol party of Police Post Talwara at Camp Tali Morh, it did not stop as a result of which it was chased and petitioner was arrested while as conductor of the truck in question fled away. During checking nine bovine animals tied in a cruel manner were found inside the aforesaid truck out of which one bull was found dead. Upon this, FIR No. 140/2019 for offences under Sections 188 and 429 of RPC and 3 P. C. Act was registered and investigation started. The investigation carried out hitherto disclosed that petitioner is involved in many more FIRs, four of those being FIR No. 06 of 2010 for offences under Sections 307, 332, 188 and 147 of RPC, FIR No. 49 of 2015 for offences under Sections 353, 336, 427 and 188 of RPC, FIR No. 42 of 2016 for offences under Sections 353, 341, 336, 147 and 148 of RPC and FIR No. 62 of 2018 for offences under Sections 353, 336 and 147 of RPC registered with Police Station Miran Sahib – Jammu alone. Further, as per investigating agency – petitioner has formed a group of twelve persons which indulges in organized crimes including smuggling of bovine animals. Apart from this, the prosecution has divulged that co-accused disclosed by petitioner during investigation are still at large. After hearing both the sides, the court observed that antecedents of petitioner that have emerged during investigation assume significance when juxtaposed with the modus-operandi employed by him in carrying out alleged criminal activities. “Despite being involved in various FIRs ranging from allegations of attempt to murder to indulgence in serious criminal activities, petitioner does not seem to have dumped his instinct to repeat the same. With this perspective owing its genesis in the investigation carried out thus far, not only the antecedents of petitioner stick out like sore thumb but he being serial offender is not a soft stuff deserving concession of bail at this stage. While it is true that quantum of punishment is a circumstance to be considered while considering a bail application, it however is not the only circumstance that needs to be heeded in the course of consideration of bail application. Other circumstances like nature of accusation, the character, the behaviour, means and standing of accused and circumstances peculiar to accused are also required to be essentially considered while dealing with a bail application in a non-bailable offence (like one under section 188 of RPC here). These circumstances tilt against petitioner at this stage. Many co-accused and constituents of the group as alleged by petitioner which indulges in carrying out organized crime – are still at large. Further, on facts – it should not come as surprise if petitioner does not turn up to face process of law once concession of bail is extended to him at a stage when investigation is under way”, the court observed. With these observations, the court rejected the bail application.
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