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| Court rejects bail of SP Operation, facing trial in murder of SI | | |
JAMMU, JULY 16- 2nd Additional Sessions Judge Jammu, Mr. AK Koul, today rejected the bail application of Sewak Singh, the then SP Operation Surankote, facing trial in a murder case of one Ajay Gupta Probationer Sub-Inspector who was killed on October 13, 1998 and was in the jail since last seven years.
In the bail application filed through Adv RK Kotwal on the ground that in the case except the Investigating Officers all the witnesses’ stands already examined and so there is no occasion for petitioner to win over the remaining witnesses. On the other hand Special Public Prosecutor Mr. LK Sharma resisted bail application on the ground that delay in concluding the trial is only attributable to petitioner and his co-accused because their advocates were not available and in the meantime the witnesses got transferred to different places and the evidence has almost been concluded except the Investigating Officers and the Court is in the process of recording their statements also.
Mr. Koul, after hearing both the sides, observed that as per the facts available on the record, petitioner is alleged to have killed his subordinate in a cold blooded manner after hatching conspiracy with his co-accused. There was a list of 85 witnesses in the case; most of the evidence has been adduced already. Only Investigating Officers need to be examined now. It needs not to be reiterated that the charge against the petitioner and his co-accused is serious and if established the petitioner and his associates can be punished with death or imprisonment for life. The nature of charge/accusation, nature of evidence in support of it severity of punishment to which accused may be subjected to, the danger of accused misusing the concession of bail and of course the social impact. The accusation against the petitioner is gravest and carries severe punishment. It is not a case of any evidence. There is a lot of evidence on record but the constraint with the Court is that the same cannot be appreciated at this stage as that may prejudice prosecution or defence. With these observations, Court dismissed bail application filed by the accused.
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