Excelsior Correspondent
JAMMU, Jan 16: In the much-publicized Chopra family murder case, Principal Sessions Judge Jammu, R S Jain today granted bail to seven accused subject to their furnishing of personal bond to the tune of Rs 25000 each together with surety bond of like amount.
After hearing battery of lawyers appearing for the both the sides, Principal Sessions Judge observed, “there is no material evidence against the accused Mahesh, Russi, Vicky, Bhawani Singh, Sikander, Narinder and Daleep stemming out of the prosecution witnesses examined during the course of the trail”, adding “court cannot examine the accused under these circumstances nor any jurisdiction has been conferred upon it under Section 342 CrPC to examine any person without any evidence”.
“In these circumstances, the statements of accused Mahesh, Russi, Vicky, Bhawani Singh, Sikander, Narinder and Daleep are dispensed with and accused are entitled to be released on bail”, the court said while issuing orders for their release on bail subject to their furnishing personal bond to tune of Rs 25000 together with surety bond of like amount.
About accused Nanju, Sangram Pardhi, Ajab Singh, Tarlochan Singh Wazir, Ex-MLC, Nagar Singh and Rajinder Singh, the court observed, “there is incriminating material appearing in the evidence led by the prosecution. Accordingly, the statements of accused under Section 342 CrPC have been recorded”.
“This court heard and considered the arguments of PP and counsels for accused under Section 273 CrPC, which enables the judge to record an order of acquittal even before the accused has adduced any defence evidence, provided he is of the opinion that there is no evidence that the accused committed the offence with which he is charged”, Principal Sessions Judge said.
“Such, opinion is, however, based on the prosecution evidence, examination of the accused and the arguments of both the prosecution and the defence. The object of the provision is to expedite the conclusion of the session trial and at the same time to avoid unnecessary harassment to the accused by calling upon him to adduce evidence or to avoid wastage of public time when there is no evidence at all”, the court said.
“In the present case, it cannot be said that the case is a case of no ‘evidence’ against the accused and so, the case is to go on as per the procedure. Accused have stated that they want to lead defence evidence”, the court further observed.
Advocate Ashwani Khajuria appeared for the accused persons, who were granted bail by the court.
Trending Now
E-Paper
Follow our WhatsApp channel