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| Murder accused gets bail to attend sister’s marriage | | |
Jammu, Sep 26 : Taking a humanitarian view, First Additional Sessions Judge Jammu GK Pandita today granted bail of seven days to an accused facing trail in a murder case from last more than seven years so that he can attend the marriage ceremony of his sister.
The application was moved by Sanjeev Kumar s/o Suresh Sudan, through his counsel Advocate Vishal Sharma, pleading the grant of interim bail on the grounds that he is in custody for the last more than 7 ½ years for the offence u/s 302 R.P.C; that the prosecution has failed to complete its evidence and has thus violated the fundamental right of the petitioner; that the marriage of the sister of the petitioner namely Ashu is scheduled for 27.9.06; that father of the petitioner is suffering from heart ailment and as such there is no male member at home to arrange the marriage function of his sister.
The court after hearing both the sides observed that the accused is in jail since April 1999 i.e. for the last more than seven years. In the case out of 17 listed witnesses, statements of 12 witnesses have already been recorded. The allegations framed against the accused petitioner are serious and heinous and in such cases bail can not be claimed as a matter of right.
The court further observed that the counsel for the applicant/accused has sought interim bail on extra ordinary ground that the sister of the petitioner/accused is to be married on 27th of Sept. 06 in which the presence of he petitioner is necessary.
After going through the record placed before it, the court observed that the material support the stand of the petitioner that due to ailment, his father can’t make arrangements for he marriage ceremony of his sister i.e. daughter of Suresh Sudan.
Citing the order issued by Justice Mansoor Ahmed Mir in Viveki Rai & Ors. Vs. State in Cr. Petition No. 52/06 the court granted interim bail to the accused since October 25 to September 1 with the condition that he will not lave the jurisdiction of Tehsil Jammu and will not tamper with the prosecution evidence. The accused was also directed to furnish bail bend to the tune of Rs One lac with two sureties to the same amount and hailing from Tehsil Jammu. |
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