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| Unnatural death of Romika Sharma in Nepal | | HC rejects bail application of husband | | Early Times Reporter
Jammu | Aug 14
Justice Virender Singh of J&K High Court Jammu Wing rejected the bail application of Sanjeev Kumar Sharma husband of deceased Romika Sharma, who was arrested on April 28, 2008 and presently lodged in the District Jail Jammu.
According to the case Romika Sharma deceased was married to Sanjeev Kumar Sharma on February 10, 2003 and died an unnatural death on July 14, 2003 at Kathmandu (Nepal) when she was staying with her husband. At that time in-laws of the deceased namely Kewal Sharma and Dwarka Sharma were also staying with their son. A Police report in writing came to be registered with the District Police Officer Kathmandu at the instance of mother of the deceased, who reached their after getting the information of death.
The parents of the deceased, who were not happy with the investigation conducted by the Nepal Police, filed a complaint in the Court of CJM Jammu for registration of case, which was forward to the P/S Nowabad Jammu. The investigation of case was transferred from State police to CBI on June 2, 2004. CBI after completion of the investigation presented challan before the concerned Court on December 3, 2006. The case was committed to Court of Principal Sessions Judge Jammu and case is presently at the stage of consideration on charge. The case was initially registered u/s 302 RPC (murder) but the challan had been filed u/s 306 RPC (abetment to suicide).
Justice Virender Singh in his 23 page rejection order of bail application, after hearing Sr. Adv MA Goni with Adv Ajay Singh Kotwal appearing for the and Advocate Navneet Dubey appearing for CBI, observed that it is well settled that while dealing with application for bail, Court is required to exercise its discretion in a judicious manner and not as a matter of course. However, there is need to indicate in the order, reasons for prima-facie concluding as to why the bail is granted or not. While granting the bail application the nature of accusation and severity of punishment in the case of conviction and nature of supporting evidence needs to be considered. At the same time, reasonable apprehension of tempering of the witnesses or apprehension of threat to the complainant or other relevant factors have also to be taken into account. There has to be a prima-facie satisfaction of the court in support of the charge while dealing with the bail application. Court after considering all the relevant facts and circumstances of the case is of the considered view that the petitioner is not entitled to concession of regular bail and with these observations, Court dismissed the bail application filed by the deceased. JNF |
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