February-14-2024:- Principal Sessions Judge Jammu Sanjay Parihar today rejected the bail application of Dr. Johar Mehmood in much publicized murder case Sumedha Murder case.
Petitioner is facing prosecution in case FIR No: 27/2023 for offence under sections 302, 323 IPC, which is based on the incident dated 07.03.2023 when dead body of deceased Sumedha Sharma was recovered from the house of the petitioner in as much as he was also found in injured condition. During investigation it transpired that petitioner was having love affair with the deceased girl who at that time was studying Post Graduation in Dental Sciences from Indraprastha Dental College, Ghaziabad. During December 2022 the deceased came to know that petitioner was cheating her as he was having relationship with another girl. Upon this the deceased contacted that girl and asked her to desist from having relationship with the petitioner. Because of this the petitioner started avoiding deceased as well as blocked her mobile. It is stated that the deceased was very possessive about the petitioner and she used to call the family members and friends of the petitioner enquiring about his wellbeing which infuriated the petitioner who hatched a plan to get rid of her. On 05.03.2023 deceased took a ticket from Delhi to Jammu without informing her parents. She reached at Jammu on 7th and went straight into the house of the petitioner at Pamposh Colony Janipur. There she had gone to clear the misunderstanding with the petitioner as she was deeply in love with him and latter was avoiding her. The petitioner on coming to know that the deceased is on her way, dispatched his family back to Bhaderwah and was alone at home. Deceased last called her sister at 3.15 p.m on 07.03.2023. Later on she was found dead in the house of petitioner having multiple stab wounds and at 5.30 p.m petitioner uploaded documents and print out of WhatsApp chat of deceased to clarify for the crime he had already committed. After eliminating her the petitioner could not control his emotions and is alleged to have panicked. So, he locked himself in another room. When his mamu Mujeeb visited his house after coming to know from WhatsApp status of the petitioner he broke open the house and found deceased dead in one of the rooms and the petitioner was in another room. The witness felt scared and when they came with the police by that time the petitioner had also self-inflicted himself. As per charge sheet accused had brutely murdered deceased by stabbing her and thereafter made an effort to commit suicide. The charge sheet has been filed against the accused.
Principal Sessions Judge Sanjay Parihar after hearing Advoates Rohit Sharma and Navyug Sethi for the applicant whereas Public Prosecutor Suresh Sharma for the UT, observed that given the material available on record, petitioner has failed in carving out a strong prima facie case that he is person of unsound mind or suffering from mental illness. Having said so, grant of bail to the petitioner on health grounds appears to be imaginary, however, this does not prevent the petitioner/accused from moving a formal application requesting Court to conduct enquiry that he is person of unsound mind, thus, incapable to defend. Because in terms of S. 105 it is for the accused to discharge the burden of making out a case that he is incapable to make defence. Until said application is made or enquiry conducted, he cannot be given benefit of bail merely at his asking when the material available on record and the conduct of the accused in jail nowhere show him that he is suffering from any kind of mental ailment. On merits also petitioner has got no case because not only the accusations are grave, so much so the matter is still at the stage of charge/discharge. Consequently, no case for grant of bail on merits is made out at this stage. JNF