Fake Encounters: High Court Dismisses Cop’s Bail Plea 

Srinagar—The Jammu and Kashmir High Court has dismissed a plea for bail by Farooq Ahmad Padroo, one of the policemen who along with SSP Hans Raj Parrihar are accused of picking up several civilians, murdering them in staged gunfights and passing them off as militants for money and awards.

Padroo had filed an application for grant of bail before the trial court on the ground that the wedding of his daughter in May this year.

He was permitted to participate in wedding by the trial court—Principal District and Sessions Judge Srinagar. 

Padroo again filed an application for grant of bail but it dismissed for “want of prosecution” by the trial court in October.

Subsequently, Padroo filed the petition before high court, seeking bail in two the cases—registered in police stations of Sumbal (FIR No.52/2000 under RPC sections of 302, 364, 120-B, 201, 344 and Batamaloo (FIR No.06/2007 under RPC sections of 302, 364, 120-B and 201).

“Perusal of the record reveals that the charge against the accused (Padroo) has been framed on 5 June 2007. Out of listed 85 prosecution witnesses, 83 have been examined whereas Dy.SP is under examination and is being cross-examined by the counsel for the defence,” a bench of Justice Mohammad Yaqoob Mir observed in the order passed on December 15.

“The trial is in full swing. It would be apposite for the petitioner (Padroo) to seek concession of bail before the trial court because the trial court has full insight of the depositions of the witnesses so far examined,” the court said.

It added: “The trial court record can be called but same will derail the trial which is in full swing”.

Given the position of the offences committed and the position of the trial being in full swing, the single bench said: “it would not be proper for the Court to entertain the application for grant of bail which is, accordingly, dismissed.”

 However, the court said that the dismissal will not operate as a bar to Padroo in filing fresh application before the trial court”. In case filed, trial court shall dispose of the same with reasonable dispatch,” the court added. While the case in police station Batamaloo pertains to the killing of a carpenter, the other case pertains to the fake counter killing of a vendor.

Apart from Farooq Ahmad Padder (driver), the Special Investigation Team (SIT) named SSP Hans Raj Parrihar, DySP Bahadur Ram, ASI Farooq Gudoo, Manzoor Ahmad Malik and Constable Bansi Lal as accused in the fake encounter killings.

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