Court rejects bail of husband & other in murder case


JAMMU, AUG 4: Principal Sessions Judge Reasi Kamlesh Pandit rejected bail application of Shamas Din and his brother Mohd Shafi who was involved in murder of Shamas Din's wifes' murder. the allegations against accused persons/applicants herein are that on 26.04.2020 they killed the deceased who happened to be the wife of accused person namely Shamas Din (applicant No. 1 herein) which occurrence was witnessed by the complainant, who on the fateful day had gone to the matrimonial residence of the deceased. The accused persons (applicants herein) had threatened the complainant of dire consequences if he disclosed incident to anybody. Ultimately, he gathered strength and support and stated before the police during inquest proceedings initiated u/s 174 Cr.PC regarding the suspicious/unnatural death of the deceased. The proceedings were converted into FIR No.54/2020 for the commission of offences u/s 302/34 of IPC and investigation is going on. In this case, the allegations against accused persons are very serious as they have allegedly committed murder of deceased on 26.04.2020 in her matrimonial house when her brother-in-law tied her hands and sat on her legs and her husband namely Shamas Din gagged her mouth with a cloth with an intention to cause death of the deceased in furtherance of common intention. It is alleged that accused person had suspicion about the morality of deceased. Principal Sessions Judge Reasi Kamlesh Pandit after hearing both the sides observed that it appears that the investigation is still going on and prima-facie accused persons are involve d in commission of alleged offences which offences are very heinous and also there is statutory bar u/s 437 (1) for the release of accused persons unless Court comes to the conclusion that accus ed persons are not prima facie involved in the offences alleged to have been committed by them. With these observations Court rejected the bail application of both the accused persons. JNF

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