Court rejects bail to four accused in ATM theft cases

Srinagar, Apr 23: A court on Monday rejected the bail plea of four accused ‘involved’ in ATM theft cases.
Court of Sub Judge, MR Chak while hearing the bail plea said that after hearing the arguments, pursued the application; repot filed by the police and also considered the objections filed by the prosecution, perusal of the case diary reveals that not even a single penny has been recovered and other co-accused who are still at large have been apprehended so far.
Earlier, four accused identified as Aqib Sadiq Ganie, son of Mohd Sadiq Ganie, Uma Sidiq Ganaie, son of Mohd Sadiq Ganie Ahmad Lone, both residents of Matibugh, Yarpora, Kulgam, Junaid Bashir, son of Bashir Ahmad Bhat, resident of Nunmai Yaripora, Kulgam and Bilal Ahmad Ganie, son of Mohd Yaqoob Ganie, resident of Check-i-Cholen, Shopian were arrested a few days ago for their ‘involvement’ in ATM theft cases under FIR number 07/2018 under section 457 and 380 RPC.
“The offence seems to have been committed in an organized manner by a gang of criminals and not only the ATM installed at Karanagar has been stolen but they seem to be involved in looting other four machines at public places,” the court order reads, adding that these are economic offences where public money is involved and courts are also required to exercise utmost restraint in admitting accused to bail especially when money looted s yet to be recovered and co-accused are yet to be arrested.
“These are not ordinary offences where Court can over look and grant the bail to the accused pending investigation but these are very special and heinous offences which must be dealt with sternly to ensure recovery of stolen money ad arrest of the co-accused,” the court order reads.
It further stated that in such cases public interest must be borne in mind while admitting or rejecting the bail applications. “Admission to bail in such type of offences at this stage will surely encourage the accused to repeat the same offence as has been done by them in recent past. I am aware of the fact that liberty of the accused has been curtailed and they are behind the bars w.e.f. 31.03.2018 but at the same time there being at large would definitely hamper recovery of stolen property and arrest of the co-accused and therefore individual interest of a person must yield before the larger interests of the society. Therefore, what has been briefly stated herein that the accuse do not deserve to be admitted to bail at this stage and application being devoid of any merit is dismissed,” the court order added.
Prosecution Officer (PO), Anwar Rizvi raised the objections in the process of bail on the count that the instant applicant merits rejection on the ground that the offences committed by the accused persons are grave and heinous in nature apart from being non-bailable as such cannot claim as a matter of right. (KNS)