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news details
HC dismisses bail plea in murder case
2/22/2021 11:55:30 PM
Early Times Report
JAMMU, Feb 22: Justice Ali Mohammad Magrey has dismissed the bail application filed by Mohammad Kala and Ors who are facing trial in murder case. While dismissing the bail plea, Justice Magrey also directed the trial court is directed to expedite the trial and consider the bail application of the accused when so moved at a later stage in light of the progress in the trial.
The brief facts of the case are recorded for proper adjudication. Pursuant to a complaint lodged by one Mohammad Yaqoob on 6th July 2015, at police station Kud to the effect that accused entered the house of Rashid Ali with criminal intentions and beat him and his family members with lathies which resulted in the death of Rashid Ali and grievous injuries to Bibi, his wife; Mohammad Hamid, Mohammad Kabir his sons and Alif Din his brother.
Justice Magrey after hearing both the sides observed that the discrepancies in the evidence recorded so far referred to by the senior counsel and the subsequent failure of the prosecution story cannot be appreciated at this stage as the merits of the matter can be touched when at least the deposition made by the cited eye witnesses is available on the file in full and not in piecemeal as the alleged occurrence in which the applicants seek release on bail relates to an offence carrying capital punishment. He observed that no case is made out for grant of bail in favour of accused at this stage.
—JNF
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