DB reject bail of cop involved for killing his three collegues
JKUT (Jammu), September-29-2021-( JNF):- A Division Bench of J&K High Court Comprising Chief Justice Pankaj Mithal and Justice Vinod Chatterji Koul rejected the bail application of CRPF cop Sanjay Kumar Sai who killed his three collegues.
According to the police case that on 24th Dec 2011 accused had fired several gunshots with his INSAS service riffle during late hours in MT Barrack Central Reserve Police Force (CRPF) of 18 battalion Kulgam, during which several policemen were seriously injured, among which three succumbed and the Limb of the fourth cop was amputated. Meanwhile, Police had reached on spot and registered a case bearing FIR No 271/2011 in police station Kulgam.
On June 30, 2020, the Principal Sessions Judge awarded life imprisonment.
Division Bench after hearing Sr. Adv Sunil Sethi with Adv Parimoksh Seth for the appellant observed that the allegation, and the finding of the Trial Court as well, is that applicant by using his official weapon has caused death of his three colleagues and injury to others. The conduct of the applicant/appellant is grave, which is not expected from a member of a disciplined force. The ground that applicant has served about 10 years in jail and is to be released on bail, would not be appropriate in this case, where a person entrusted with the security of the nation uses his official weapon for committing a crime and it is pertinent to mention here that the Trial Court on appreciation of evidence has convicted the applicant/accused for the offence punishable under Section 302 RPC.
DB further said that as has been said by the Supreme Court, once the accused is convicted by the Trial Court, there shall not be any presumption of innocence thereafter. After saying this, the Supreme Court recently, while rendering a judgement dated 7th September 2021, in Criminal Appeal No.878 of 2021 titled Shakuntala Shukla vs. State of Uttar Pradesh and another, has held that the High Court should be very slow in granting bail to the accused pending appeal who are convicted for serious offences punishable under Section 302 IPC. With these observations Division Bench rejected the bail application. JNF 