Court quotes Edmund Burke while denying bail to Haris Jr and others

BENGALURU:A city court on Friday rejected the bail pleas of Mohammed Nalpad Haris (28) and six other co-accused in the case of alleged assault on Vidvat Loganathan (24) on the night of February 17. One of the accused in the case is still absconding.

While explaining the matters to be considered for granting bail, the court extracted the views of great English thinker Edmund Burke, which was quoted in a judgment by the Supreme Court: “..(T)he victim may be an individual, but in the ultimate eventuate, it is the society which is the victim. A crime as is understood, creates a dent in the law and order situation. In a civilised society, a crime disturbs orderliness. It affects the peaceful life of the society. An individual can enjoy his liberty which is definitely of paramount value but he cannot be a law unto himself. He cannot cause harm to others. He cannot be a nuisance to the collective. He cannot be a terror to the society…”

While referring to medical reports which show that Vidvat suffered grievous injuries in vital parts of the body, the court said the victim received heavy beating on the head, face, chest and abdomen. He sustained grievous injuries — gross facial contusion, unable to open his eyes and his both eyes met with sub-conjunctional haemorrhages, both nasal bones and frontal process of left maxilla and ribs at lateral angles (right 4th to 9th ribs and left 4th to 8th ribs).

“The statement of the complainant and witnesses prima facie shows the formation of unlawful assembly of the assailants and the act of the accused in following Vidvat to the hospital where he was given life threat clearly prima facie attracts ingredients of Section 307 of IPC (attempt to murder),” the court said.
It was also noted that the victim was not yet discharged from the hospital and his statement was yet to be recorded.

Although the victim has been shifted from ICU to the ward, it did not lessen the gravity of his condition. Considering all these aspects, there were chances of threatening witnesses and tampering with evidence, absconding and committing similar offences. Hence, the accused are not entitled for bail till the completion of the investigation, the court said.