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| Court rejects bail of accused persons facing trial in murder case | | | Early Times Reporter
Jammu | Sep 10
2nd Additional Sessions Judge Jammu Mr. ML Manhas today rejected the bail application of Vinod Kumar alias Jumbu and Sushil Kumar alias Manka, real brothers and resident of old Basti, Bahu-Fort Jammu, who are facing trial in a murder case of one Ravinder Kumar of the same locality.
A dead body was found from Sararia Mohalla Bahu-Fort Jammu on May 12, 2006 which had suffered injuries on his throat and face. After having registered a case u/s 302 RPC, the investigating agency concluded that deceased and his father had a long standing enmity with accused persons, who took the deceased along with them in a marriage ceremony, but on their way they consumed alcohol and deceased fell down in a inebriated condition and in furtherance of their common intention accused/ petitioners pressed the neck of the deceased till the deceased last his breath. Accused persons at present are facing charges of murder of deceased Ravinder Kumar u/s 302 RPC.
2nd Additional Sessions Judge, after hearing Adv Kuldeep Raj Gupta appearing for the accused petitioners and APP Ravinder Sharma appearing for the state, observed that in view of the considerations laid down by the Apex Court, the nature of the accusation against the accused/ petitioners are very serious as they are facing charge of murder of one Ravinder Kumar u/s 302 RPC and the severity of punishment is high and if the acquisitions are found true on the evidence adduced by the prosecution, the petitioners can suffer death penalty or life-imprisonment. Although some of the prosecution witnesses are hostile and some have tendered evidence in favour of prosecution but it would be unfair at this stage to give a critical appraisal of the evidence led by prosecution. At this stage prima-facie there is evidence on file in support of charge against the accused. No doubt can be cast to the genuineness of the prosecution version at this stage, disposal of bail application, as it is a cardinal principle of criminal jurisprudence, that the Court cannot appreciate the merits of the evidence educed by the prosecution at the time of disposal of a bail application as the same may prejudice the trial seriously. With these observations Court rejected the bail application. JNF |
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