Excelsior Correspondent
Srinagar, Dec 1: A local court here today rejected the bail application of husband and wife for assault on a practicing lawyer.
The accused applicants Javid Ahmad Mir and his moved an application before the Chief Judicial Magistrate Bandipora in an assault case and the CJM presided by Abdul Qayoom Mir rejected their bail plea by recording that the court lacks the jurisdiction in view offence involved in the case which is to be tried by the Sessions court.
The report of the police concerned reveal that the complainant (lawyer) in the injured condition approached the police station to the effect that she was without any rhyme and reason assaulted on her when she was in court in order to attend a case.
It was contended that the accused-Javed Ahmad Mir has assaulted on her with a sharp edged weapon causing injury to her. It is on receipt of the report FIR 190/2021 came to be registered for commission of offences 307, 354-B and 382 IPC and investigation was started.
The prosecution while opposing the bail application submitted before the court that the offences committed by the accused are of serious and heinous in nature as such is exclusively tri-able by the Sessions Court.
Court after hearing the parties said the investigation in the case has not been completed yet and the investigation of case is at infancy stage and admitting the accused on bail would derail the investigation. “Keeping in view of discussions and in the interest of justice bail application is rejected”, Trial court concluded.
Court however made it clear that the rejection of bail order shall have no effect on main challan which the court said, shall be decided on its own merits.
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