HC reject bail in murder case
JKUT (Jammu), June-28-2021-( JNF):- Justice Sanjay Dhar of J&K High Court Jammu Wing while rejecting the bail application of one Sohan Singh who is facing trial in murder case observed that the High Court, being a superior and Constitutional Court, has unfettered powers to entertain an application for grant of bail of an accused whose bail application has been rejected by an inferior Court but then there has to be some fresh grounds before the High Court to persuade it to take a view different from the one taken by the trial court.
Court further observed that in the instant case, counsel for the petitioner has not urged any such ground that would persuade this Court to take a view different from the one taken by the learned trial court. In fact, the order of trial court is well-reasoned and lucid and this Court does not find any ground to take a different view.
According to the police case that was on 30th of December, 2012, the petitioner, armed with a sickle, inflicted a serious injury on the head of the deceased, as a result of which he died on the next day. Co-accused Samunder Singh is stated to have abetted him in the commission of the crime. Initially a case under Section 307, 323 RPC was registered. However, offence under Section 307 RPC was converted into one under Section 302 RPC after the deceased succumbed to injuries. After completion of investigation as well as further investigation of the case that was directed by the trial court in terms of its order dated 03.06.2013, charge sheet came to be filed against the petitioner and co-accused. Vide order dated 13.02.2014, petitioner as well as co-accused were charged. Petitioner has been charged with offence under Section 302 RPC whereas co-accused has been charged with offence under Section 302/109 RPC. JNF