Srinagar: A trial court in Srinagar granted absolute bail to a police constable accused in killing of teenager Wamiq Farooq in 2010.
Earlier, the accused constable, Muhammad Akram Dar, was kept at large on interim bail upto 26 February with several conditions. The accused has been charged with culpable homicide not amounting to murder.
While ordering to make interim bail as absolute, the court of principal sessions Judge Srinagar Muhammad Akram Chowdhary said: “The petitioner (accused) was granted interim bail vide order dated 12/2/2018 with a direction to IGP Kashmir to submit a report about his conduct during a period for which he was kept at large on bail.”
The court added that the public prosecutor has stated that no report was received from IGP Kashmir, however, there is no adverse report about his conduct.
“The learned counsel for Farooq Ahmad Wani (victim’s father) who is complainant in the case has not submitted anything adverse in this behalf. In the backdrop of the matter the bail granted dated 12/2/2018 is ordered to be made absolute till disposal of the main case,” the court said.
On Monday, the counsel for constable Dar pleaded before the court that the interim bail may be made absolute. The other side vehemently opposed and pleaded that the interim bail granted to accused may be canceled.
On 12 February 2018, in its order, the principal sessions court while granting interim bail to accused had said that “prolonged delay in disposal of the trials and thereafter appeals in criminal cases, for no fault of the accused, confers a right upon him to apply for bail.”
However, the court had granted the bail to accused on the conditions that that he shall not directly or indirectly make any inducement, threat or promise to any person or persons acquainted with the facts of the case. It also directed the accused to not leave the territorial limits of Kashmir without prior permission of the court.
“IGP Kashmir shall closely monitor the conduct of accused and submit the report by or before next date about his conduct during the period for which he is ordered to be kept at large on bail,” the court had said.
In December 2015 the court had sent assistant sub-inspector Abdul Khaliq and constable Muhammad Akram to Central Jail Srinagar after a police probe into the student’s killing indicted the duo of culpable homicide not amounting to murder. The Supreme Court on 7 April, 2017 had asked a trial court here to proceed with trial in Wamiq Farooq case “uninfluenced by findings of Special Investigation Team (SIT) and observations of the J&K High Court.”
The Apex Court had passed the directions while disposing a Special Leave Petition by the government challenging rejection of a revision petition filed by it in J&K High Court against sessions court order directing registration of second FIR into the killing.
Wamiq, a class 7 student, was killed after a teargas shell allegedly fired by police hit his head on 31 January 2010 near Gani Memorial Stadium in Srinagar.