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| PSI Ajay Gupta Murder Case | | Court Rejected bail application of SSP facing trail | | Jammu, October, 16:- Second Additional Sessions Judge Jammu Mr. AK Koul today rejected bail application of Sewak Singh the then Superintendent of Police who is facing trail in murder case of Probationary Sub-Inspector Ajay Gupta, who was killed on October 13, 1998.
In the detailed rejection order of bail application of accused Sewak Singh SSP filed this bail application for release on bail through Advocate RK Kotwal. It has been submitted that Sewak Singh stated to have conspired with the co-accused Sat Pal Singh and killed Ajay Gupta on account of Strained relations but the material placed on record and the evidence adduced do not prove what is alleged in the charge-sheet. It has also been submitted that most of the evidence has already been recorded but nothing substantial stands proved against petitioner, so he deserves to be admitted to bail. There are 86 listed witnesses and till date only 40 have been recorded which have taken prosecution almost seven years. Special Public Prosecutor Mr. LK Sharma appearing for the state resisted bail application on various counts and submitted that there is sufficient evidence on the record against the petitioner to prove is involvement in the commission of crime attributed to him. The delay if any in production of evidence is attributed to accused only because he was delaying the examination of witnesses on one or the other excuse. The Special Public Prosecutor further submitted tat petitioner moved for bail a number of times and twice his bail petition were rejected by this court and once he withdrew a bail application in the High Court. Since there is no change in the circumstances and present petition is also liable to be dismissed. The witnesses who are yet to be examined or being summoned and their examination is must and so it would not be fair in the interests of the Justice to release petitioner on bail at this stage of the trail when a lot of evidence is yet to be come.
Second Additional Sessions Judge Mr. A K Koul after hearing both the sides and perused the record observed that it is necessary to reproduce the factual background of the case though precisely the charge against the petitioner is that on October 13, 1998 he conspired with co-accused Sat Pal Singh to kill deceased Ajay Gupta Probationary Sub-Inspector. Sat pal Singh co-accused shot dead Ajay Gupta with an SLR. The petitioner in order to destroy evidence asked co-accused to change the civil dress and put on the uniform and in order to screen accused Sat Pal and to manage disappearance of the evidence, he threatened a constable and a driver to tell a lie. The murder of deceased was committed as per prosecution case at the instigation and with active connivance of petitioner Sewak Singh. So petitioner came to be booked u/s 302/120-B/201 RPC along with co-accused and the trail is in mid-way against them. It is pertinent to mention here that above 86 witnesses have been listed in the case out of which only 42 witnesses have been examined and rest are yet to be examined. There are so many material witnesses whose statements are yet to be recorded, so the question is can the petitioner be given the concession of bail at this stage. The petitioner is undisputedly involved in the commission of crime which carries punishment of death or imprisonment of life, so in the opinion of the court it would not be proper to enlarge the petitioner on bail as it may have serious consequence on the trail of the case. It is admitted by the petitioner that he was SSP at the time of his arrest so he must be enjoying the clout/influence still and so his tempering with evidence cannot be ruled out. With these observations court dismissed the bail application of the accused SSP. |
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