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| Nago, bros land in jail | | Dramatic surrender in RS Pura | | Early Times Report
Jammu, Nov 17: Nearly and two and a half month long chase, the alleged key conspirators of evidence destruction in Amandeep murder case and the father and uncles of main murder accused Jatinder Singh, Chowdhary Nagar Singh and his brothers Ujjagar and Rakesh Singh today surrendered before a Munsif Court in RS Pura near here. Already declared absconders by the court, trio were asked to surrender before either the Special Investigation Team, which is probing the murder case, or the Chief Judicial Magistrate court in Jammu by November 20, failing which their prosperities will be attached.
Munsiff Magistrate Adnan Syed referred the accused to the Court of Chief Judicial Magistrate Jammu, who remanded the alleged accused to judicial custody till November 25, when they shall be produced along with other accused before the Court of Principal Sessions Judge Jammu for further orders. The trio has been lodged in District Jail Jammu.
After considering the arguments on both the sides and the relevant provision of law, the Chief Judicial Magistrate referred section 167 Cr PC empowering the Magistrate to remand the accused to custody for a minimum period of 60 days during the pendency of investigation and if investigation is not completed within that period, accused have got an indefeasible right to seek release on bail irrespective of the nature of offence with which they are charged. After presentation of charge-sheet if the Magistrate finds that the offences are exclusively triable by the Court of Sessions, he has to commit the case and subject to the provisions of Cr PC to bail remand the accused to custody during and until the conclusion of the trial. Section 344 Cr PC comes into play with the Court holding enquiry or Trial Court post-pones or adjourns the proceedings beyond the day following when the enquiry/ trial is not concluded.
While granting judicial custody to Choudhary brothers the CJM observed that in the instant case the proclamation was issued by this Court on October 20, 2009 against the accused in terms of section 87 Cr PC requiring them to surrender before this Court or before SIT within 30 days from the date of its publication which was to expire on November 20, 2009. Since the accused have surrendered within the period allowed and charge-sheet has already been filed against them which also stands committed to the Court of Principal Sessions Judge Jammu, so, the accused are now required to face trial. It is admitted that trial is yet to commence and the next date fixed is November 25, 2009, and it is also not in dispute that as of now, no leave has been granted by the Court for further investigation and they have presented the application simultaneously to the surrendering of accused now the matter is before the Principal Sessions Judge Jammu. So under these circumstances it is neither permissible nor feasible for this Court to grant permission for further investigation into the matter, therefore, the application of Investigating Agency is submitted to Principal Sessions Judge Jammu, so far the accused persons are concerned. Section 205 (d) (b) empowers this Court to remand the accused to custody as and when they are brought or appear before the Court. The accused are therefore remanded to judicial custody till November 25, 2009 when they shall be produced along with other accused before the Court of Principal Sessions Judge Jammu for further orders. With these observations CJM ordered that Nagar Singh, Jagar Singh and Rakesh Singh be lodged at District Jail Amphabla Jammu.
Earlier, the Chief Prosecuting Officer Pawan Khajuria submitted though charge-sheet in the case of Amandeep murder case has been presented and the accused had been absconding from the very beginning; so the investigating agency had no occasion to subject them to custodial interrogation. The custodial interrogation of the accused is necessary for reaching at the truth as such they be remanded to the police custody and handed over to SIT for conducting further investigation and taking the same to logical conclusion.
Senior Advocate MA Goni appearing for the accused persons submitted that Gandhi Nagar police has already presented the charge-sheet which was committed to the Court of Principal Sessions Judge Jammu who vide order dated November 16, 2009 has issued non-bailable warrants against the applicants. In view of the proceedings u/s 512 Cr PC where the next date of hearing has been fixed on November 25, 2009, Since the investigation of the police is over as such this Court ceases to have any power to either commit the applicants to the police custody or grant police remand u/s 167 sub-clauses 2 of section 309. It is exclusive power of the Court before whom the charge-sheet is presented and prayed that upon their surrender the applicants be directed to be produced before the Principal Sessions Judge Jammu where the charge-sheet is pending and non bailable warrants have been issued against them. JNF
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