Trial Court directs SSP Jammu to Constitute Special Team for Executing Non-Bailable Warrants
The Diplomat Desk
Jammu,(TDD):The Principal District and Sessions Judge, Jammu Y. P. Bourney-Designated/Special Court under SC/ST (Prevention of Atrocities) Act, 1989, today issued fresh Non-Bailable Arrest Warrant against Inspector Fisheries namely Rajesh Singh Jasrotia S/o Babu Singh R/o Village Changal (Hiranagar), District Kathua who is serving in District Kishtwar. The Court observed that the Non-Bailable Warrants issued against the accused on November, 11, 2024 has been returned unexecuted and the Court issued fresh non-bailable warrant and directed SSP Jammu to ensure its immediate execution by constituting a Special Team.
The Court also issued notice to the surety of the accused for securing his presence on next date of hearing failing which the Court directed that necessary orders shall follow as the said accused failed to surrender on 11.11.2024 at 10:00 A.M. before the Special Court as directed by a Bench of High Court of J&K and Ladakh vide its Judgment dated November 4th, 2024 whereby the bail granted earlier to the accused by the Court of Additional Sessions Judge, Jammu in FIR No. 360/2021 of P/S Nagrota had been cancelled on the ground that the said bail was obtained by the accused by resorting to worst form of Bench Hunting/Forum Shopping.
Justice M. A. Chowdhary of the High Court of J&K and Ladakh in an Approved For Reporting(AFR) Judgment allowed the application filed by Anu Bala, Assistant Director Fisheries seeking cancellation of bail granted to accused Rajesh Singh Jasrotia by the Court of Additional Sessions Judge, Jammu on August 28th, 2021 in the FIR No. 360/2021 at Police Station, Nagrota under section 354/294/509 IPC and 3(1)(r) of the SC/ST(Prevention of Atrocities) Act, 1989 lodged by her against her subordinate Inspector Fisheries Rajesh Singh Jasrotia who was accused of harassing/victimizing his Supervisory Officer by using caste-related remarks. The Additional Sessions Judge, Jammu on November 8th, 2021 made the interim bail absolute and rejected the objections of the complainant Anu Bala that the bail has been obtained by misrepresentation, concealment and suppression of vital facts as prior to this bail application the accused had moved yet another application on the same day through different Counsel for bail which came to be assigned to the Court of 1st Additional Sessions Judge, Jammu.
Justice M. A. Chowdhary after hearing both the sides observed that inspite of the Apex Court condemning the practice of Fourm Shopping/Bench Hunting the accused had filed a bail application initially before the Court of Principal Sessions Court, Jammu who assigned the case to 1st Additional Sessions Judge, Jammu and when the interim relief was not granted, the case was posted on a next date inviting objections from the other side, the accused moved another application before the Principal Sessions Court, Jammu which was assigned to the Court of Additional Sessions Judge, Jammu. This not only speaks about the conduct of the accused and litigant, but also of the Court, which had assigned his two applications on the same date to two different Courts. Taking serious view of the matter Justice M. A. Chowdhary while expressing displeasure over the conduct of the accused cancelled his bail with a direction to the accused to surrender before the Trial Court on November 11th, 2024 at 10:00 A.M. and the Trial Court was directed to remand him to Judicial custody and in case of default in surrender the Trial Court was directed to issue non-bailable warrant to procure his presence.
Needless to mention herein, Justice M. A. Chowdhary of High Court of J&K and Ladakh on November 12, 2024 also rejected the application filed by accused Rajesh Singh Jasrotia seeking extension of time to surrender before the trial court. (TDD)