Excelsior Correspondent
JAMMU, Mar 22: The Court of Additional Sessions Judge, Doda Amarjeet Singh Langeh has rejected bail application of two accused in case titled “Satya Paul and another vs U.T of J&K through Police Station Thathri. Accused were facing trial in a murder case on account of allegations that accused called deceased Jagdish Raj in the guise of some urgent work and when deceased along with his brother arrived at place of occurrence which isa link road, both accused with criminal intention attacked deceased and complainant harbouring past enmity.
Deceased was allegedly grabbed by one accused while as the other accused inflicted fatal injury on his head with some sharp-edged agricultural instrument as a consequence of which his entire brain matter came out and he ultimately succumbed to injuries at Hospital.
While rejecting the bail application, the Court held-“the evidence led by prosecution, in particular the eye-witness account – would offer an indication that prosecution case is not that weak and feeble which in all probability would end up in absolving petitioners from the charge”,adding “The discrepancies in the evidence led by prosecution thus far which Counsel for petitioners attempted to highlight, I am afraid — cannot be delved deep at this stage”.
“Exhaustive exploration of pattern emerging from prosecution evidence and nuggets thereof cannot be embarked upon at this stage in a bail application. Petitioners therefore cannot capitalize on the discrepancies that are sought to be projected”, the Court further observed.
Considering the nature and character of prosecution evidence and looking into the gravity of charge and severity of the punishment that an offence under Section 302 of RPC carries, Court further maintained that-“More heinous is the crime, the greater is the chance of rejection of bail application, though however dependent on and subject to the factual matrix of each case”.
With these observations, Court found the application without merit at this stage and rejected the same.
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