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Court denies bail to accused in murder of ex-minister's son
3/21/2012 11:26:37 PM
early times report
JAMMU, Mar 21: Additional sessions judge R N Wattal today dismissed the bail applications of Kamran Raul and Azhar Ahmed Tak who are facing trial along with other accused in the murder of ex-minister Lal Mohammad Sabar's son Murtaza Sabar.
According to police case, on October 13, 2008, a telephonic message was received at Manwal police post that the body of Murtaza of Poonch was lying at Arkhal Morh under mysterious circumstances.
The body was shifted to the mortuary of government hospital in Jammu where post-mortem was conducted on it. Inquest proceedings were initiated by police in this regard under section 174 of CrPC.
The post-mortem report later revealed that Murtaza had died due to the administration of aluminum phosphate.
During the course of investigation, police came to know that the victim had an old enemity with Irfan Mehmood Tak, Azhar Ahmed and Kamran Raul. They took him on a picnic in a car on October 12, 2008, and allegedly killed him by administrating him almunium phosphate.
After the completion of inquiry, police had presented challan in the court of law.
Kamran and Azhar sought bail on the ground that they were in the jail since 2008 and the witnesses had not supported the prosecution story.
Upon this, the court observed that the statements of about 28 more witnesses were yet to be recorded. The release of the accused on bail is always detrimental to the prosecution and likely to affect the prosecution evidence.
Court obseved that the liberty is always to be secured through the process of law and in a murder case, this liberty cannot be sanctioned merely on the ground that few witnesses have turned hostile.
An embargo is put on the powers of courts to grant bail in the cases which are punishable with death or imprisonment for life.
With these observations, the court dismissed both the bail applications.
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