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news details
HC rejects bail in murder case
9/29/2018 10:05:40 PM
Early Times Report

JAMMU, Sept 29: Justice Sanjay Kumar Gupta rejected the bail application of father and his two sons in murder case.
The brief facts of the case are that from the reliable source, information was received in Police Station, Kishtwar on September 5, 2015 that accused number 1 Imtiyaz Ahmed has committed the murder of one person, namely, Nissar Ahmed by inflicting stab injury with Krich in his belly. On this, investigation was commenced, which culminated into filing of charge-sheet before the Court.
From the investigation, it was found that the accused persons with common criminal intention committed the murder of Nissar R/o Hullar Kishtwar. While rejecting the bail application, Justice Gupta observed that ground taken is that whole of family is inside the jail, and there is no male member in family to look after other female members. This argument is also not tenable, because accused/petitioners are facing trial in murder case, wherein punishment is death or life imprisonment.
One more argument of counsel for petitioners is that there is delay in recording the statement of the witnesses under Section 161 Cr PC and it has also come in the investigation that some of the prosecution witnesses, who are the real relatives of the deceased were demanding money from the persons of the area.
This argument is also not tenable as, these draw backs in investigation can be seen at final stage of case and these cannot be considered at the time of considering the bail petition and also gone through the laws cited by counsel for petitioners and facts of present case.
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