Principal Sessions Judge Reasi Kamlesh Pandit rejected the bail applications of two namely Mohd Rafiq and Parvez Ahmed involved in murder case.
According to the case case on 21/03/2018 Police Post Jyotipuram came to know from reliable sources that dead body of one person namely Barkat Ali S/O Mohd Isaq R/O Jyotipuram was lying hanging from a tree in village Jyotipuram near CISF Post in suspicious circumstances. On this information entry under No.27 dated 21.03.2018 was made in the Daily Diary and inquest proceedings U/S 174 Cr.P.C were initiated which inquest proceedings culminated into registration of FIR No.97/2018 in Police Station Reasi for offences U/S 302/506/34 RPC and investigation was handed over to SI Kunal Singh Jamwal, In-charge Police Post Jytipuram, who set investigation into motion and thereafter investigation was handed over to SI Pardeep Singh, In-charge Police Post Jyotipuram, who recorded the statements of the witnesses U/S 161 Cr.P.C and 164-A Cr.P.C and thereafter on the disclosure of the witnesses, it was concluded that accused person/applicants herein have murdered the deceased ( Barkat Ali). After culmination of the investigation the challan was presented before the court.
Principal Sessions Judge Reasi Kamlesh Pandit observed that there is no dispute that the accused have been charged for the offences punishable under Sections 302/506/34 RPC . In this case as already discussed 13 witnesses till date have been examined by the prosecution out of 18 witnesses and witnesses produced by prosecution till date have not squarely exonerated the accused/applicants herein. The l’d counsel for the accused/applicants herein expects this court to disbelieve the prosecution out rightly and believe his defence which is not the mandate of law when other important witnesses are yet to be produced for deposition. Therefore in view of the given facts and circumstances the bail application appears to be premature. Consequently in view of the above stated reasons I do not think accused persons/applicants deserve discretion of this court at this stage. The offence alleged to have been committed by the accused is heinous and entail punishment of death or life sentence. Unless and until all the important witnesses are examined in the case, this court can not come to the conclusion that there appears no reasonable ground for believing that accused are not guilty of an offence punishable with death or imprisonment for life. With these observations Court rejected the bail application. JNF