Excelsior Correspondent
JAMMU, July 15: Additional Sessions Judge Jammu Tahir Khurshid Raina has rejected the bail application of one Rocky Kumar, who was allegedly involved in attempt to murder case.
After hearing Advocate Ashwani Kumar for the applicant whereas Senior PO for the State, the court observed, “though accused has right to life and liberty which he wants to be protected by grant of bail. But at the same time he must know that his fundamental right is not absolute but subject to some conditions laid down in part third of the Constitution. He cannot claim his right to life and liberty by putting into peril the rights of fellow citizens”.
Additional Sessions Judge further observed, “once his criminal act is prima facie proved, he cannot be let off to jeopardize the rights of the others. In such an eventuality his incarnation does not amount to punishment before trial as stand pleaded”, adding “as accused fled away from the spot and did not get traced out for two years this unbecoming conduct of him is also an influencing factor for rejecting his bail at this stage when even charge is yet to be framed in the case”.
The court further observed, “as per charge sheet the other two co-accused were sharing the common intention and have been granted bail by some other court. However, accused and co-accused who is an absconder and father of applicant-accused are the main culprits in the case. While father assaulted the victim by wooden log, accused -applicant used sharp edged weapon and cut the leg of the victim”.
“Ground of parity for bail has an application only when incriminating material and level of accusations against all the accused is same. But when accusation is quite distinguishable and parity cannot be invoked”, the court said while rejecting the bail application.
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