news details |
|
|
| Sessions Judge grants bail to 5 accused of Sabzi Mandi Murder Case | | |
Jammu, Sep 13 : Five persons facing trail for murder of a youth - by pouring petrol on his body and setting him on fire at Sabzi Mandi Jammu in May last year - were bailed out by a local court, here today.
While granting the bail to the five persons, John, Rakh, Baby, Asha and Joun the court observed that a prima facie case for releasing the accused on bail at this stage has been made out as such the accused were bailed out provided they furnish surety and personal bound to the tune of Rs 50,000 each with an undertaking that they will not use force or threat directly or indirectly against the witnesses, whose statements are yet to be recorded.
The accused are facing trail under Section 302/34 RPC on the allegations that they pour petrol on the body of one Sanju son of Sita Ram at Sabzi Mandi Narwal Jammu on May 5, 2005 and thereafter set him on fire. The victim later succumbed to the burn injuries in Government Medical College Hospital Jammu on September 9, 2005.
The bail application was moved by the accused through their counsel Advocate Sabeel Mirza, who argued that the accused were innocent and were falsely being implicated in the case. The applicants pleaded that almost all the prosecution witnesses have been examined and they have failed to corroborate or support the prosecution story or even remotely implicate the accused with the commission of any offence.
Advocate Mirza further pleaded that Accused No1 is an old man, who is suffering from different kinds of ailments, whereas accused No.2 and 4 are the employees of the State Government and accused No; 3 and 5 are the students and are lodged in the jail for the offence which they never committed
Public Prosecutor EA Tak on the other hand objected the application on the ground that the accused have committed a heinous offence punishable with death sentence or life Imprisonment and Section 497 CrPC clearly bars grant of bail to an accused who has committed an offence punishable with death sentence or life imprisonment
The court observed that the main argument of the accused/applicants was that there was not single solitary witnesses examined in the case who has deposed anything incriminating against the accused and the remaining witnesses yet to be examined are not material witnesses of the prosecution
After going through the file and the list of the witnesses cited by the prosecution, the court observed that at least eight witnesses have been examined by the prosecution whereas two eye witnesses namely Rattan Lal and Kabir have been given up by the prosecution being won over. Only evidence to be recorded is of doctor and the investigation officer.
Without commenting upon the merits of the case and evidence on record the court came to the conclusion that a prima facie case has been made out by the applicants as such they were released on bail. |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
