J&K High Court denies bail to retired SP in Sikh youth murder case, says jail can provide required medical care

The Jammu and Kashmir and Ladakh High Court has refused bail to retired superintendent of police Sheikh Mehmood, known as Modi, who is facing trial for the murder of Sikh youth Avtar Singh during a land dispute in 2024. The court held that his medical condition does not justify release, noting that he can receive continuous treatment while in jail.

Mehmood’s bail application was one of four bail pleas, six criminal revision petitions, and a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) that were disposed of through a common judgment delivered by Justice Sanjay Dhar on November 4.

The former police officer is among nearly a dozen accused arrested after Avtar Singh was fatally attacked during a confrontation over land. Seeking bail, Mehmood asserted that he had been falsely implicated, claiming he was in Delhi for medical treatment on the day of the incident.

He told the court he has been in custody since March 3, 2024, and suffers from a cardiac ailment and Crohn’s disease — conditions he argued require specialized care outside Jammu and Kashmir. A decorated officer with no criminal history, he insisted continued detention could be life-threatening.

However, the court relied on the findings of a medical board that examined him on August 14 while his bail application was pending. Justice Dhar noted that although Mehmood underwent heart surgery in 2010 and has lived with Crohn’s disease since 2013, there is no evidence that his condition has worsened during incarceration.

“It is not reported that his aforesaid ailments cannot be managed while he is in jail,” Justice Dhar observed. “The only thing that has been reported by the medical board is that he requires continuous medication and close follow-up. This can be provided to him even while being incarcerated in jail.” The court concluded that his health did not merit bail on medical grounds.

The case involves a wide cast of accused, including Parshotam Singh, Sachin Patyal, Ravinder Kumar Gupta, Davinder Pal Singh, Suraj Singh, Varun Kumar, Vikas Singh, and Sandeep Charak, as well as Sharat Puri, Rajat Jandiyal, and Raghunandan Singh alias Raghu.

While the trial court discharged Sharat, Rajat, and Raghunandan, the remaining individuals were charged with murder, attempted murder, and criminal conspiracy under relevant sections of the Indian Penal Code.

The trial court also identified three additional individuals—Jaipreet Singh alias Honey, Poonam Kumari, and Ghambir Singh—as having a role in the incident. Several accused challenged the charges in the High Court, arguing that they were unarmed, had no intent to kill, and were not part of any conspiracy.

The J&K government and the father of the deceased also filed criminal revision petitions contesting the discharge of some accused.

In disposing of all petitions, the High Court observed that while the assailants were unarmed and the fatal weapon was picked up from the spot, these circumstances alone were insufficient, at this stage, to downgrade the offence from murder to a sudden fight.