Court rejects bail in Attempt to murder case
16/07/2019
JAMMU, JULY 15: Additional Sessions Judge Jammu Tahir Khurshid Raina rejected the bail application of Rocky Kumar who was allegedly involved in attempt to murder case.
Additional Sessions Judge Jammu Tahir Khurshid Raina after hearing Adv Ashwani Kumar for the applicant whereas Sr.PO for the State observed that "though accused has right to life and liberty which he wants to be protected by grant of bail by this court. But at the same time he must know that his fundamental right is not absolute but subject to some conditions laid down in part third of the constitution. He can not claim his right of life and liberty by putting into the peril the rights of fellow citizens.
Additional Sessions judge Jammu Tahir Khurshid Raina further observed that therefore , once his criminal act is prima facie proved , he can not be let off to jeopardize the rights of the others. In such an eventuality his incarnation does not amount to punishment before trial as stand pleaded. As acused fled away from the spot and did not get traced out for two years, this unbecoming conduct of him is also an influencing factor for rejecting his bail at this stage when even charge is yet to framed in the case. It will be full of risk and at the cost frustrating the trial to grant him bail at this stage, Court observed .
Court further observed that the counsel of the accused has also taken the plea of parity for grant of bail .
While addressing the plea of parity court observed as per charge sheet, the other two co-accused were sharing the common intention and have been granted bail by some other court. However, Accused and co-accused who is an absconder and father of applicant-accused are the main culprits in the case. While Father assaulted the victim by wooden log, accused -applicant used sharp edged weapon Toka" and cut the leg of the victim. Court observed that ground of parity for bail has an application only when incriminating material and level of accusations against all the accused is same. But when accusation is quite distinguishable , parity can not be applied.
Court finally after considering all the aspects in totality as stand discussed in fore-going paras , did not find any merit in this bail application, which was accordingly rejected. JNF
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