Excelsior Correspondent
JAMMU, July 14: Presiding Officer Fast Track Court Amarjeet Singh Langeh has rejected the bail application of one Sohan Lal, who was facing trial in rape with minor.
After hearing both the sides, the court observed, “wading through the evidence led by prosecution, in particular evidence, of victim-child and account of occurrence put forth by other material witnesses- would drive one to note that prosecution case is not that weak and feeble which in all probability would end up in absolving petitioner from charge he is facing trial in”.
“The primary contention advanced by counsel for petitioner to articulate his case for allowance of this application is that right to speedy trial is a fundamental right of petitioner and because petitioner is in incarceration for a very long period of time, he therefore-according to counsel needs to be bailed out on this premise alone”, the court said, adding “in the process however, counsel for petitioner misses woods for trees, in that, not only the trial of the case in hand is at fag end but case is posted for final arguments”.
“Essentially also, the nature of allegations and character of evidence led by prosecution and the severity of punishment that offence under Section 376 of RPC carries-can also not to be ignored, impermissibility of exhaustive exploration of pattern emerging from prosecution evidence notwithstanding”, the court said, adding “the medical record annexed with bail application qua brother of petitioner would-show that he suffered nasal bleeding for one day. Beyond this no record of immediate medical urgency has been placed on record”.
“I am of the considered opinion that no case for grant of bail is made out by petitioner. Instant application is accordingly dismissed”, the Presiding Officer said.
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