Excelsior Correspondent
JAMMU, Nov 18: Additional Sessions Judge Jammu Tahir Khurshid Raina has rejected the bail application of one Sunil Singh, who was booked by the Crime Branch for assisting fake Army Colonel in duping people on the pretext of providing jobs.
“The charge sheet itself states that there may be some supplementary charge sheets to be filed which will be based on opinions to be submitted by the FSL as some of the material has been sent to the laboratory during the course of investigation”, the court observed, adding “supplementary charge sheet can be filed in addition to the main charge sheet under Section 173 (8) of the Code. So simply mentioning that it is a preliminary charge sheet does not dilute its status of a charge sheet”.
“In its extrinsic and intrinsic appreciation , it is a charge sheet which itself contains a reference to the filing of a supplementary charge sheet , as and when the evidence will be available to prosecution which the prosecution is in the process of receiving from the FSL and the court can not stop them from filing supplementary charge sheet . Therefore, the argument of the counsel for the accused that the charge sheet is no charge sheet which entitles the accused for statutory bail does not sustain in the eyes of law”, the court said.
“Moreover, the judgments which have been advanced based on this argument does not correlate with the situation. Hence this argument is declared un-sustained”, the court said while rejecting the bail application.
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