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| In a attempt to murder case Court withdrawn the interim bail of the accused | | | Jammu, February 07, 2007
Special Mobile Electricity Magistrate Jammu Mr. Jatinder Singh Jamwal withdrawn the interim bail granted Ashwani Kumar alias Kali against whom a case u/s 307 RPC r/w section 3/25 Arms Act and cancelled the bail-bond and personal bond of the accused-applicant.
According to the police case that on January 12, 2007 Harpreet Singh, who was standing in front of his and talking to a contractor about plaster of his house when accused Ashwani Kumar alias Kali r/o Last Morh Gandhi Nagar came on his car and abused Harpreet Singh unnecessarily and took out his revolver from his brief case and fired at Harpreet Singh contention to kill him. Harpreet Singh injured seriously and shifted to GMC. The police registered the case and started the investigation.
The accused/applicant filed an application before the Court for pre-arrest bail, Court granted interim bail on January 19, 2007 with the direction to appear before the IO and cooperate with the police in the investigation to its logical conclusion. The IO appeared before the Court and admitted that the accused was attending the investigation and the weapon of offence has been recovered. However, he sought time to produce the record, regarding the condition of the injured. The bail application came to be resisted by the injured Harpreet Singh through his counsel. However, the medical report of injured was not furnished by the IO till January 31, 2007on the ground that the injured was not available at his place that injured has been discharged from the hospital at his own request, all though he had been advised to attend surgery. Accordingly the proceedings were adjourned, the IO appeared before the Court and sought time and the proceedings were adjourned till February 5, 2007.
Mr. Jatinder Singh Jamwal Special Mobile Magistrate Electrical after hearing CPO Mr. MA Manhas appearing for the State and Advocate JP Gandhi with Sanjeev Padha appearing for the accused observed that CPO vehemently opposed the extension in the interim bail on the ground that accused has misused the concession of bail granted to him by this Court by extending threats to the injured/complainant and for not opposing the present bail application. The CPO MA Maroof further submitted that out of fear of the threats extended by the accused the injured is not ready to get him hospitalized as also to depose anything against the accused. So the police had to lodged a complaint a complaint u/s 107 of CrPC before the Executive Magistrate and compel the accused to execute a bond for keeping peace. On the other hand the counsel appearing for the accused submitted that accused has regularly attended the investigation and full cooperated with the police as per the condition imposed by this Court. After considering the facts of the case the Court further observed that in the opinion of the Court the custodial interrogation of accused is found imperative and it is not possible to extend the interim bail granted to the accused. With these observations Court rejected the bail application of the accused.
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