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| HC reject bail of Sunny Baba in murder case | | | Early Times Report
JAMMU, Aug 23: The Jammu & Kashmir High Court rejected the bail application of hard core criminal Sunny Choudhary @ Sunny Baba facing trial in murder case.
Justice Rajnesh Oswal after hearing Adv Sudershan Sharma for the applicant whereas AAG Aseem Sawhney for the UT, while rejecting the bail application observed that there are serious allegations against the petitioner of hatching a conspiracy for committing murder and arranging the killers in pursuance of the said conspiracy. At this stage, it cannot be determined that the allegations are either false or not true as number of other witnesses are yet to be examined and there is every chance that if the petitioner is enlarged on bail, he may influence the witnesses as the petitioner is facing trial for commission of offence, which is punishable with death or imprisonment to life.
So far as delay in the conclusion of trial is concerned, perusal of record shows that the trial court has conducted the effective proceedings and even to secure the presence of the complainant-PW-1, trial court has resorted to even coercive process. It requires to be noted that for the last two years, the courts have been functioning in restricted mode and obviously some delay has caused due to Covid-19 pandemic in conducting the trial of the case.
Court further observed that it is evident that the charges for commission of offence under section 302, 109, 120-B RPC were framed against the petitioner on 02.01.2015 by the trial court and the allegations against the petitioner are that the other co-accused met with the petitioner for committing the murder of the deceased and conspiracy was hatched. The petitioner arranged two persons, namely, Gulshan Kumar and Balbir Singh for committing the murder of the deceased. The prosecution has cited as many as 55 witnesses, out of which only 11 witnesses have been examined till date and rest of the witnesses including the complainant are yet to be examined.
The petitioner is facing trial for commission of offences under section 302, 109 and 120-B RPC and there is specific bar with regard to the grant of bail for offence under section 302 RPC. At this stage, from the perusal of the statements of the witnesses, no definite opinion can be formed that there are reasonable grounds for believing that the petitioner is not guilty of alleged offences. No doubt that the petitioner is facing trial for the last seven years but it is also fact that he is facing trial for commission of heinous offence of murder.
—JNF |
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