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| Amandeep murder case | | Bail plea of tainted cops, Nago brothers rejected | |
Early Times Report
Jammu, Jan 9: Principal Sessions Judge Jammu BL Bhat today rejected the bail applications of S Manohar Singh then SSP Jammu, Sultan Mehmood Mirza then SHO Gandhi Nagar Police Station, Satnam Singh then Sub-Inspector posted Police Station Gandhi Nagar, Rakesh Kumar, Choudhary Nagar Singh and Choudhary Jagar Singh sons of Choudhary Kola Ram, allegedly involved in much publicized murder case of Amandeep Singh which took place on August 29 last.
In its lengthy rejection order the Court observed that change in circumstances in consequence of further investigation culminating in filing of supplementary challan, be it noticed that broadly speaking two circumstances have under gone change, (i) Desi Katta recovered as weapon of offence at the instance of accused Jatinder Singh, which had been fudged to achieve the object of criminal conspiracy hatched between the delinquent police officers and the kin of accused Jatinder Singh, has been recovered at the instance of accused Nagar Singh @ Nago. Same has been identified by the four witnesses in whose presence the same had been seized and sealed earlier. The positive opinion from FSL confirms its use as weapon of offence in the alleged occurrence. (ii) Accused Nagar Singh, Jaggar Singh and Rakesh Kumar, who had been absconding, have surrendered and have been subjected to custodial interrogation.
Principal Sessions Judge further observed that Court do not subscribe to the view advanced by Counsels for petitioners that since the weapon has been restored, it was only an attempt to commit the offence of misappropriation and causing disappearance of evidence. The weapon had been removed and disposed off with the object of screening the offender and subverting the criminal justice system. Restoration of such weapon at a later date does not mitigate the offence. It is akin to discovering the stolen property where the offence of theft has been completed by removing of some property from possession of the owner without his consent with dishonest intention of causing wrongful loss to him. The argument that there was a mere attempt to commit the offences alleged under section 409/201 RPC, being devoid of merit, is rejected. With these observations Court rejected all the five bail applications in a common order with the observation that it is manifestly clear that considerations for grant of bail in non-bailable offences u/s 497 Cr PC are very much relevant and should be present in the mind of the judge while disposing off bail plea filed under section 498 Cr PC. In the context of factors and circumstances indicated in the previous bail order passed by this Court on petitions of delinquent police officers and having regard for the material assembled during further investigation, I am of the considered opinion that no case for grant of bail to petitioners at this pre-charge stage is made out. Individual liberty has to yield to larger interests of community and the social interest heavily weighs against admission of petitioners on bail. JNF
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