Excelsior Correspondent
JAMMU, Oct 4: Principal Sessions Judge Jammu, Jang Bahadur Singh Jamwal today rejected the bail application of one Arif Bashir Ganie, son of Bashir Ahmed Ganie of Wachi, Shopian, who was facing trial in murder case.
While rejecting the bail application, Principal Sessions Judge observed, “the careful appraisal of the material available on record and the documents on which the prosecution is relying upon indicate that no witness has been examined till now and the embargo laid down in Section 497 CrPC provides that the Court shall not take bail where the offence committed is punishable with death or imprisonment for life”.
“So far as the proviso of Section 497 CrPC is concerned, of course, there is a discretion conferred on the court that it may grant bail in such cases specifically provided in the proviso- any person under the age of sixteen years or any woman or any sick or infirm person”, the Court said, adding “the counsel for the petitioner/accused has argued that the petitioner/accused is on crutches. There are so many in the jails and are being taken care by the jail authorities and being provided sufficient means of livelihood. The plea that he requires one man can be heard and an attendant can be provided to him, in case, he moves this court separately”.
Without commenting upon the merits of the case, Court said, “it will not be appropriate to exercise the discretion in favour of the petitioner/accused. Though the counsel for the petitioner/accused has argued that there is no evidence available on record for which he may be detained. This query has already been replied at that time by the court when the charge came to be descended on him on July 28, 2012 where this court has held that there is sufficient material to proceed against the petitioner/accused under Sections 302/392/120-B RPC”.
“This is not a stage to rescan the evidence and material produced by the prosecution when none of the prosecution witness has come to the court and divulged in favour of the prosecution or in favour of the petitioner/accused. Though while determining the bail application, the probative value of the evidence procured by the prosecution cannot be assessed, however, Court is satisfied, at this stage that the charge continues to be the same and no witness has been examined till date”, Principal Sessions Judge said.
With these observations, the Court rejected the bail application of the petitioner/accused.
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