{"id":213156,"date":"2019-04-02T18:08:51","date_gmt":"2019-04-02T12:38:51","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=213156"},"modified":"2019-04-05T10:39:52","modified_gmt":"2019-04-05T05:09:52","slug":"no-bail-for-businessman-zahoor-watali-accused-in-a-terror-funding-case","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2019\/04\/02\/no-bail-for-businessman-zahoor-watali-accused-in-a-terror-funding-case\/","title":{"rendered":"No bail for businessman Zahoor Watali accused in a terror funding case"},"content":{"rendered":"

Supreme Court<\/strong>: The bench of AM Khanwilkar and Ajay Rastogi, JJ has set aside the order of the Delhi High Court granting bail to Zahoor Watali, a J&K businessman, in a Terror Funding case.<\/p>\n

Factual Background<\/strong><\/span><\/p>\n

Zahoor Ahmad Shah Watali is alleged to have been involved in unlawful acts and terror funding in conspiracy with other accused persons. He has allegedly acted as a conduit for transfer of funds received from terrorist Hafiz Muhammad Saeed, ISI, Pakistan High Commission, New Delhi and also from a source in Dubai, to Hurriyat leaders\/secessionists\/terrorists; and had helped them in waging war against the Government of India by repeated attacks on security forces and Government establishments and by damaging public property including by burning schools etc.<\/p>\n

Designated Court\u2019s order rejecting bail<\/strong><\/span><\/p>\n

The Court noticed that the accusation against Watali was of being a part of a larger conspiracy to\u00a0\u00a0 systematically upturn the establishment to cause secession of J & K from the Union of India.\u00a0 Keeping in mind the special provisions in Section 43D of the\u00a0Unlawful\u00a0Activities\u00a0(Prevention)\u00a0Act,\u00a01967 it held,<\/p>\n

\n

\u201cIn view of the above facts and circumstances, the statements of witnesses\/material\/documents and other material placed on record by NIA, offences as alleged against the accused are prima facie made out. Therefore, in view of the bar under proviso to Section 43D(5) of UA(P) Act,\u00a0 the accused\u2019s prayer for bail cannot be granted<\/em>.\u201d<\/p>\n<\/blockquote>\n

Delhi High Court\u2019s order granting bail<\/strong><\/span><\/p>\n

The High Court granted bail to Watali with riders and said,<\/p>\n

\n

\u201cThe impugned order dated 8th June, 2018 of the trial Court is accordingly set aside. The Appellant is directed to be released on bail subject to his furnishing a personal bond in the sum of Rs.2 lakhs with two sureties of like amount to the satisfaction of the trial Court\u201d<\/p>\n<\/blockquote>\n

Factors to be considered in bail application as decided in State of U.P. through CBI Vs. Amarmani Tripathi, (2005)\u00a08\u00a0SCC\u00a021<\/a><\/span><\/strong><\/span><\/p>\n