Deputy AG Murder case
DB dismiss bail applications, decline to suspend sentence
JKUT (Jammu), June-03-2021-( JNF):- In a Criminal appeal filed by three convicts challenging life-imprisonment awarded by the Trial Court in much publicized Deputy AG Ajit Dogra murder case, A Division Bench of Jammu & Kashmir High Court Comprising Justice Tashi Rabstan and Justice Javed Iqbal Wani, dismissed the bail applications and declined to sentence the sentence.
According to the prosecution case that on January 10, 2008, while Shiv Dev Singh S.I along with other Police personnel was on patrolling duty in Muthi area, one person namely Manga Ram S/o Kirpa Ram, R/o Udheywalla (PW-1) lodged a verbal report regarding attack on Ajit Singh Dogra (the then Deputy Advocate General), by Vishal Sharma, Vikas Sharma sons of Krishan Kumar, Rohit Kumar S/o Ranjit Kumar, Labha Ram S/o Karam Chand, Ashok Kumar S/o Banarsi Dass and three other persons. During the investigation investigation it was established that accused Vishal Sharma, Labha Ram alias Sanjay , Ashok Kumar alias Shoka) were jointly doing the business of property, they had sold the land of Haqiqat Raj S/o Munshi Ram R/o Udheywalla after preparing fake sale deeds, aggrieved by the same, Ajit Singh Dogra Deputy Advocate General had filed a case against them in the Court. So, they had hatched a criminal conspiracy to eliminate Shri Ajit Singh Dogra. They also hatched conspiracy with Gourav Sharma, Amrish Khajuria alias Max, Raj Kumar alias Raju (deceased now) and Mohan Singh alias Mohna for commission for eliminating the deceased, as such on 10.01.2008, they with common criminal intention to commit murder of Ajit Singh Dogra.
Trial Court while concluding the judgment observed that convict Vishal Sharma is sentenced to life imprisonment and fine of Rs. 10,000/- for commission of offence punishable u/s 302 RPC simple imprisonment for one month and fine of Rs. 500/- for offence u/s 341 RPC. Six months simple imprisonment and fine of Rs. 2,000/- for offence punishable u/s 30 Arms Act, convict Ashok Kumar is sentence to life imprisonment and fine of Rs. 10,000/- for commission of offence punishable u/s 302 RPC simple imprisonment for one month and fine of Rs. 500/- for offence u/s 341 RPC whereas convict Amrish Khajuria is sentence to life imprisonment and fine of Rs. 10,000/- for commission of offence punishable u/s 302 RPC simple imprisonment for one month and fine of Rs. 500/- for offence u/s 341 RPC. Two months simple imprisonment and fine of Rs. 2,000/- for offence punishable u/s 4/25 Arms Act.
Division Bench after hearing AAG Aseem Sawhney appearing for the UT administration observed that appeals of the applicants herein have been filed in the year 2020-2021 itself and the period of five years has not yet elapsed as such, the applicants cannot be held entitled to the concession of bail at this stage. Even otherwise also assuming the said period of five years was over, yet bail could not be granted to the applicants as a matter of course by this court during the pendency of their appeals in view of ratio laid down by the Apex court in “Preet Pal Singh’s and “Masood Ali Khan’s” cases supra. Viewed thus, what has been observed, considered and analyzed hereinabove, the applicants in the peculiar facts and circumstances of the case are not held entitled to suspension of sentence and consequent grant of concession of bail during pendency of their respective appeals as such, applications in hand merit dismissal and are accordingly dismissed, DB ordered. JNF