Court rejects bail of co-accused of fake Colonel for duping people
19/11/2019
JAMMU, NOV 19: Additional Sessions Judge Jammu Tahir Khurshid Raina rejected the bail application of one Sunil Singh who is co-accused of in FIR registered by Crime Branch against one fake Army Colonel who duped people by running a recruitment racket.
While rejecting bail application, Additional Sessions Judge Tahir Khurshid Raina observed that fact remains that the charge sheet itself states that there may be some supplementary charge sheet to be filed which will be based on opinions to be submitted by the FSL as some of the material has been sent to the FSL during the course of investigation. Supplementary charge sheet can be filed in addition to the main charge sheet under section 173 (8) of the Code. So simply mentioning that it is a preliminary charge sheet does not dilutes its status of a charge sheet.
In its extrinsic and intrinsic appreciation , it is a charge sheet which itself contains a reference to the filing of a supplementary charge sheet , as and when the evidence will be available to prosecution which the prosecution is in the process of receiving from the FSL and the court can not stop them from filing supplementary charge sheet .
Therefore, the argument of the counsel for the accused that the said charge sheet is no charge sheet which entitles the accused for statutory bail does not sustain in the eyes of law. Moreover , the Judgments which have been advanced before the court based on this argument does not correlate with the situation as put in the foregoing paras.
Hence this argument is declared un-sustained and rejected the bail application.
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