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| HC declined bail in double murder case | | |
EARLY TIMES REPORT
JAMMU, JULY-22: Justice M H Attar of J&K High Court Jammu Wing has declined the bail to Balwan Singh one of the accused in much publicized JDA complex double murder case. In the order Justice M H Attar after hearing Advocate Ajay Singh Kotwal appearing for the applicant and AAG, P C Sharma appearing for the state observed that the High Court vide order April 11, 2008 in a bail application field by the Balwan Singh, while declining to grant bail to the petitioner directed that Trial Judge would conclude trial of the case and passed appropriate orders under law as far as practicable within a period of three months. It was further provided that if case is not decided within stipulated period of three months for any reason whatsoever, petitioner would be at liberty to re-agitate his bail plea.
Justice M H Attar further observed that in view of the fact that accused are languishing in the custody for more than 8 years, it becomes duty of the Trial Court to conclude the proceedings and pronounce the judgment in accordance with law at the earliest. The right to expeditious trial is right which inheres in write to liberty granted under Article 21 of the Constitution of India. It appears that Trial Judge has not adverted itself to the orders passed by the High Court in earlier bail applications. In order to do substantial justice between the parties it becomes imperative to direct Trial Judge to conclude hearing of arguments and decide the case within a period of one month. Trial Judge is requested to hear the case on day-to-day basis. It is further made clear that Trial Judge should not adjourn the case without there being compelling reasons for the same and without recording reasons.
High Court further observed that provisions of criminal procedure court otherwise, also provide the Trial shall be concluded on day-to-basis. The duty is cast on the trial court to decide the case expeditiously both in public interest as also the interest of the accused. The Trial Judge to decide the case as directed in this order as the case is being finally argued, it will not be appropriate to initiate parallel hearing in this bail application which at this stage is consigned to records with liberty to counsel for the petitioner to seek it its listing if need arises, Court observed. The charge against the accused persons are that on April 24, 2001, they committed murder of Pardeep Kumar and Khem Raj in JDA complex Jammu. All the 3 accused persons are under incarceration ever since their arrest.
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