Excelsior Correspondent
KARGIL, May 24: Sessions Court Kargil today granted bail to two accused persons namely Haji Mohammad Jaffar and Nissar Hussain Azam in a murder case.
According to the prosecution case, these accused persons were involved in conspiracy of setting on fire the Government building where both of them were working as employees and later for eliminating the evidence they killed one of the persons engaged for the purpose in the van which was being driven by the deceased.
Senior Advocate M K Bhardwaj appearing for the accused persons submitted that trial was nearing completion and most of the prosecuting witnesses have already been examined. “The only direct evidence who was also cited as eye witness and many other witnesses have turned hostile in the trial court and the rest of the witnesses whose number is very few have no personal account of the episode and based their statements on hearsay evidence”, Advocate Bhardwaj said, adding “the accused are entitled for bail as no admissible incriminating evidence has come against them during the trial”.
Public Prosecutor Manzoor Ali Khan, however, opposed the bail application and rebutted the arguments of counsel for the accused persons.
After hearing both the sides, Sessions Judge Tahir Khurshid Raina observed, “though as per procedural law accused charged with offences punishable with life imprisonment and death cannot be granted bail yet if during the course of trial it prima-facie appears that sufficient evidence is not on the face of the record to connect the accused with the guilt, his further custody and incarceration will amount to infringement of his life and liberty”.
“In the instant case, witnesses have turned hostile and the left out witnesses include a technical evidence which is already on record and there are very least chances of its manipulation”, the court said and granted bail to the accused against personal bond and surety bond of Rs 1 lakh each with the conditions that they will participate in the trial of the case on each and every date of hearing and they will not leave the territorial jurisdiction of the court without prior permission.
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