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| DB dismisses bail to murder accused | | Accused awarded life-imprisonment by trial court earlier | | Early Times Report
Jammu, Dec 1 (JNF): The Division Bench of State High Court has dismissed bail plea of five accused who have been sentenced to imprisonment for life by Sessions Court Udhampur.
In a criminal appeal filed by five convicts namely Veer Dev Singh, Bishan Dass, Kulbushan Kumar, Mohammad Javed alias Chhattu and Vijay Singh alias Sonu seeking bail on various grounds, the DB comprising Chief Justice M M Kumar and Justice Mohammad Yaqoob Mir after hearing Advocate AK Shan appearing for the appellants observed that this was an application with a prayer for suspension of sentence enlarging the applicants on bail during the pendency of the appeal.
The applicants have been convicted vide judgment dated October 31, 2012 passed by the Principal Sessions Judge, Udhampur for commission of offences under Section 302/120- B/34 RPC read with Section 4/25 of the Arms Act.
Accordingly, they have been sentenced to life imprisonment alongwith fine and an additional imprisonment of one year for commission of offence under Section 4 read with Section 25 of the Arms Act.
"The evidence on record would suggest that at this stage it cannot be concluded that the accused have been falsely implicated or evidence is of such a weak character that they are bound to be acquitted. Even otherwise, the enormity of charges and the seriousness of offences would suggest that it would not be without risk to enlarge the applicants on bail. The appeal has been filed only in 2012 and the accused has not served any sentence after conviction. Therefore, the bail application is dismissed," the DB observed.
According to the facts of the case on June 3, 2007 a source report was received in police station Majalta, that Kartar Nath (deceased) who was having some litigation going on with Veer Dev Singh, was attacked by accused No.2 and 4 in association with other accused near Sat Narayan Temple, with sharp weapons, in chest and throat and was subsequently killed.
The body was lying on the spot. On receiving the information case FIR No.27/07 was registered u/s 302/34RPC and 4/27 Arms Act and after completion of investigation challan was presented against the accused. |
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