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| Bail plea of murder accused rejected | | | EARLY TIMES REPORT
JAMMU, Oct 23: Rejecting the bail application of the accused facing trial in a murder case, 2nde Additional Sessions Judge, Jammu M L Manhas observed that the evidence so far put forth by the prosecution justifies the further detention of the accused in the judicial custody. The court therefore refrains from expressing any comment on merits and credibility of the evidence put forth by prosecution with regard to its nature and quality and held that the accused had not engaged counsel to defend his case and virtually on January 9, 2006 Adv MM Gupta was appointed as Amicus-Curie for the accused.
According to the prosecution case on August 23, 2003 at about 6:30 AM information was received from reliable source at Police Station Narwal to the effect that the accused hit one Manohar Lal Gupta who was running tea stall at Transport Nagar Narwal with a heavy stone with the criminal intention to kill the deceased and said Manohar Lal succumbed to the injuries on the same day.
Additional Public Prosecutor Ravinder Sharma, appearing for the state, opposed the bail on various grounds and said that if accused is released on bail, he will temper with the prosecution evidence and influence other witnesses, therefore, the trial will be vitiated and the accused if enlarged on bail will abscond. On the other hand, Adv MM Gupta amicus- curie appearing for the petitioner, submitted that there is delay in the trial of the case as the prosecution is not interested in examination of its witnesses as in almost five session no witness has been produced by the prosecution and therefore the fundamental right of the accused for speedy trial will get infringed.
2nd Additional Sessions Judge Jammu, after considering the arguments on both the sides, and considering various judgments, rejected the bail application of the accused. JNF |
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