Excelsior Correspondent
JAMMU, Feb 15: Principal Sessions Judge Jammu, Kartar Singh today rejected bail applications of Sumit Singh, son of Sham Singh of Tool Post Nagrota, Gourav Partap Singh alias Shanki, son of Ved Parkash of Panjgrian and Naresh Kumar, son of Dwarka Nath of Kandoli Nagrota, who were facing trial in the much publicized Jagti migrant murder case.
According to the police case, on August 4, 2013 these accused persons killed Taj Nath Talashi by using sharp edged weapon after the victim prevented the accused persons from kidnapping his son Ankush Talashi over an old enmity.
After hearing Senior Advocate BS Slathia and Advocate Ajay Vaid appearing for the petitioners whereas Public Prosecutor Shabir Choudhary for the State, Principal Sessions Judge Jammu Kartar Singh observed, “it is true that offence under Section 304 Part II RPC is punishable with imprisonment of either description of ten years or fine or both as such embargo created under Section 497 A CrPC is not applicable in this case”.
“However, this is not only the criteria for admitting the petitioners to bail and there are other factors also which are to be taken into consideration while enlarging the petitioners on bail in case of non-bailable offence, such as gravity of offence, interest of public at large, availability of petitioners during trial, possibility of tampering with the prosecution evidence etc”, the court said, adding “in this case vide order dated February 8, 2014, charge has been altered from Section 302 RPC to 304 Part II RPC, whereas formal charges are yet to be framed. The order passed by this court is revisable and prosecution may go in for revision and in case revision is accepted it may complicate the matter in case the petitioners are released on bail”.
“Not only this, the trial of the petitioners has yet to be started and in case they are admitted to bail, the possibility cannot be ruled out that they may tamper with the prosecution evidence as the charges framed against them are serious in nature and they would try their best to win over the prosecution witnesses which may cause injustice to the prosecution”, the court said.
With these observations, Court rejected the bail applications.
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