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| Court denied bail to lady in murder case | | | EARLY TIMES REPORT
Jammu, Nov 19: Principal Sessions Judge Jammu today rejected the bail application of one Darshana Devi an accused facing trial in a murder case along with two other accused.
Principal Sessions Judge Jammu Jang Bhadur Singh Jamwal rejected the bail application of Darshana Devi who is facing trial in a murder case along with other accused persons
Principal Sessions Judge Jammu Jang Bhadur Singh Jamwal after hearing both the sides observed that Court disagree with the suggestion of the counsel for petitioner/accused that while invoking the powers of the court u/s 498 CrPC, Section 497 CrPC has also to be adhered there.
“Though the language of Section 497 CrPC, Section 498 CrPC exclusively cannot be invoked but there is clear cut bar contained in Section 497 CrPC where it is expressly provided that the court shall not admit a person on bail where the offence alleged to have been committed falls within the category of death penalty or imprisonment for life though with an exception that the court may grant bail to a woman, sick, infirm or a child, Court said.. “It is an appropriate stage where such discretion may be invoked and the application is allowed because still the evidence of eye witnesses has to be recorded and there is no alteration in the charge also neither any evidence has been procured which gives a reasonable ground to believe that the petitioner/accused is not guilty of an offence punishable with death penalty or imprisonment for life and with these observations court rejected the bail application.
According to the police case that on March 20, 2011 accused persons women and two other accused namely Tarsem Lal, Narinder Kumar and Mohinder Lal are nourishing old enmity with deceased and attacked the deceased who was going toward his land sustained him injuries to do away with the life of the deceased. A case was registered u/s 307/34//341/323 RPC and deceased shifted to hospital where he was succumbed to his injuries and section 302 RPC was added.
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