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HC denies bail to Manohar Singh
1/3/2014 9:50:13 PM
Jammu, Jan 3 (JNF): Justice Tashi Rabstan of J&K High Court Jammu Wing dismissed the bail application of former SSP Manohar Singh who is facing trial in fudging of evidence in much publicized Amandeep Murder case.
After hearing Senior Advocate DC Raina with Advocate Ashwani Khajuria for the accused person whereas Sr. Advocate Sunil Sethi With Advocate Veenu Gupta and Deputy AG Mohd Saleem Malik for the state, Justice Tashi Rabstan observed that Court have also perused the judgment relied upon by learned counsel for petitioner. In my view the facts and gravity of offence in the said case are altogether different. The Courts while granting bail ensures that the witnesses may not be, influenced, overpowered, won or intimidated by the accused, if set at large during the course of trial, or whether there are any chances of tampering with the prosecution evidence. In the instant case the petitioner is a high profile police officer and the allegation levelled against him is of fudging the prosecution evidence. Therefore, it creates a definite doubt in the mind of Court that if concession of bail is granted to him at this stage, there is every likelihood that he may misuse the bail by making an attempt to tamper with the prosecution evidence or may influence or win over the prosecution witnesses, thereby thwarting the course of justice, particularly when the petitioner-accused has his roots in the Police Department and there is every possibility of his disturbing the prosecution witnesses. Court further observed that out of the total prosecution witnesses listed in the charge sheet, only four witnesses have been examined so far by the prosecution.
The important and material witnesses are yet to be examined. Moreso, no development has taken place in the trial of the petitioner since the bail application was rejected by the trial court and there is no new ground urged in the present bail application which could persuade this Court to take a view other than the one taken by the trial court. Court further observed that the trial in this case is at its infancy; therefore, it would be improper and premature to admit the petitioner-accused to bail at this stage. With these observations Court dismissed the bail application.
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