Court rejects bail in murder case
23/07/2020
Jammu, JulY 22: Principal Sessions Judge Reasi Kamlesh Pandit rejected bail application of Jaswant Singh who is facing trial in murder of one Puran Chand. While rejecting bail application, Principal Sessions Judge Reasi Kamlesh Pandit observed that In order to come to the conclusion that a person is guilty the court must consider the nature and character of the evidence, and in case, on consideration of such evidence, the court prima facie comes to the conclusion that the evidence against the accused person is not such that he has committed offence, then , in the normal course said person is entitled to bail. In the present case, there is no dispute that the accused has been charged for the offences punishable under Sections 302/201 /203 RPC . In this case as already discussed that the case is based circumstantial evidence. Only 12 witnesses till date have examined by the prosecution out of 43 witnesses and witnesses produced by prosecution till date have not squarely exonerated the accused/applicant herein. The l'd counsel for the accu sed/applicant herein expects this court to disbelieve the prosecution out rightly and believe his defence which is not the mandate of law when other important witnesses are yet produced for deposition. Therefore in view of the given facts and circumstances the bail application appears to be premature. Consequently in view of the above stated reasons I do not think accused person deserve discretion of this court at this stage. The offence alleged to have been committed by the accused is heinous and entail punishment of death or life sentence. Unless and until all the important witnesses are examined in the case, this court can not come to the conclusion that there appears no reasonable ground for believ ing that accused is guilty of an offence punishable with death or imprisonment for life.
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