Excelsior Correspondent
JAMMU, Sept 25: Judicial Magistrate Ist Class Ramnagar, Renu Dogra has rejected the bail application of a man, who was booked by Ramnagar Police under Section 304 RPC and 30 Arms Act.
According to the prosecution case, on July 11, 2016 Sarpanch of village Joffer in Ramnagar tehsil informed the police that a loaded gun, which was lying in the house of Shafiq fell down and fire was opened which hit one Kali, who got expired on the spot.
On this information, a case was registered for the commission of offences under Section 304 RPC and 30 Arms Act and investigation commenced. During investigation, it came to the fore that incident took place due to the careless and negligent act of accused Sher Wani, son of Yousaf of Joffer village. Accordingly, the accused was taken into custody.
During the pendency of investigation, Advocate M L Gupta, counsel for the accused moved an application seeking bail for him on certain grounds. He submitted before the Judicial Magistrate Ist Class Ramnagar that investigation has been completed and nothing was required to be recovered from the possession of the accused.
However, Senior Prosecuting Officer resisted the bail application and submitted that the accused cannot claim bail as a matter of right as the offence committed by him was heinous in nature and non-bailable.
After hearing both the sides, Judicial Magistrate Ist Class observed, “prima facie the allegations contained in FIR when examined demonstrates that accused is alleged to be involved in a very heinous crime and of course very serious in nature”, adding “moreover, investigation is going on as such accused is not entitled for any leniency in the shape of bail”.
With these observations, court dismissed the bail application.
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