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| Court denies bail to murder accused | | | EARLY TI ES REPORT
October-14 :- Principal Sessions Judge Jammu Jang Bhadur Singh Jamwal rejected the bail application of Gagandeep Singh one of the accused in a murder case Sahil Khajuria who was murdered on July 17, 2008.
In the bail application accused submitted that due to accident prior to the involvement in the present case, his both legs sustained fractures and during his treatment plates and iron rods were fitted in both the legs. He could not get iron plates and rods removed which were required to be removed after three/four years of their fittings. Due to present case the rods and plates are creating problem whereas the accused in judicial lock-up since July, 2008. Prosecution opposed the bail application on various grounds including report of board of doctors who have said the health of the accused was completely normal.
The Court after hearing the parties observed that accused has been charge-sheeted u/s 302/34 RPC and the prosecution is producing the evidence and few of the witnesses have been recorded. The plea of the petitioner-accused that the prosecution witnesses have not stated anything against him, at this stage, cannot be appreciated because scanning of the record has emanated that stage has not come yet and in case while delivering a judgment in the bail application, the evidence is appreciate with regard to the commission of offence. Whether the petitioner/accused is guilty of the offence punishable with death or imprisonment for life is not permissible and divulging of any kind of opinion will pre-judice either of the party.
The accused petitioner has been charge-sheeted and the offence alleged to have been committed and where the accused/petitioner has been charge-sheeted is punishable with death or imprisonment for life. The charge still continues to be in the same manner and there is no alteration of the charge or neither any circumstance has arisen. As far as the medical report of Board of Doctors is concerned, it is clear on the record that the accused petitioner does not require removal of plates and observed well however, whenever the petitioner is advised to do so can move fresh bail application, so long his medical ground concerned that is also not tenable at this stage and dismissed the bail application
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