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Doctor accused of cruelty with wife denied bail
8/23/2011 9:03:35 PM
EARLY TIME REPOTR
Jammu, August-23 (JNF):- Chief Judicial Magistrate Jammu Mr. MS Parihar today rejected the bail application filed by Dr. Javed Iqbal s/o Mohd Abdullah and two ors who are allegedly involved in FIR lodged with Police Station Women Cell Jammu.
While rejecting the bail application CJM Jammu Mr. MS Parihar after hearing Adv SM Wajahat appearing for the applicants, CPO Pawan Khajuria with PO Basotra for the State and Adv Aseem Sawhney for the complainant wife of doctor Javid Iqbal and after perusal of police report that complainant filed a complaint in the Court alleging commission of offence u/s 498-A/109 RPC and it was referred to SHO P/S Women Cell Jammu. On receipt of said complaint, the police registered a case under FIR No 19/2011. During the investigation of the case statements of witnesses have been recorded and on the basis of evidence collected so far the offences u/s 498-A/406/420/120-B/109 RPC have been found against the three accused and as per the police report the recovery of some misappropriated property is so far required to be effected from the accused. The police in the report has mentioned accused has not been arrested by them. The alleged accused has also not surrendered in the Court and they had also not appeared on any date during the pedency of this bail petition. The offences allegedly committed accused are admittedly non-bailable. In view of the Court the argument made by CPO appearing for state requires to be accepted and in the given facts and circumstances of the case and keeping in view the provisions in section 497 CrPC, the application filed by the applicant is not maintainable under law and same is dismissed. JNF
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