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| Bail in rape case rejected | | |
early times report
JAMMU, Jan 23: 3rd Additional Sessions Judge Jammu Sunit Gupta rejected the bail application of Adesh Sharma who was facing trial in rape case.
While rejecting the bail application, 3rd Additional Sessions Judge Jammu after hearing Adv Mandeep Reen for the applicant whereas APP Sanjay Kohli for the UT observed that provision particularly clause (c) & (e) of section 6, the controversy raised by the Ld counsel for the applicant seems to be set at rest . It has been clearly explained in the aforesaid provision that the repeal of any act shall not affect its implication in the pending matters, which is required to be governed by the act on the basis of which the said legal proceedings were initiated. In this respect, I would also like to refer the Judgement of our own High Court in the case entitled, "Sanjay Kumar Rai Vs UT of J&K and Anr" wherein their Lordships while delivering the judgement on 21st August 2020 has discussed about the application of clauses 13 & 14 of J&K Reorganization (Removal of difficulties) order 2019 r/w Section 6 of General Clauses Act . In the said judgement , it has been held that where the date of occurrence / institution is prior to the coming into force of J&K Reorganization Act 2019, in that case the act or code, which was already in place prior to the implementation of J&K Reorganization Act 2019 shall be applicable. As such, taking strength from the aforesaid judgement of Hon'ble High Court of J&K and the provision of Section 6 of General Clause Act, I am of the opinion that in the present case J&K Code of Criminal Procedure, which was already in place shall continued to be made applicable in the present case. Consequently the rigorness of Section 497-C of J&K Cr.P.C shall also continued to be made applicable in the present case and the restrictions on the admission of bail provided in the said provision shall remain intact. —JNF |
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