Excelsior Correspondent
JAMMU, Jan 21: Principal Sessions Judge Jammu Vinod Chatterji Koul today denied bail to Patwari Bhushan Kumar, who has been arrested under Protection of Children from Sexual Offences (POSCO) Act.
As per the police report, the prosecutrix had lodged a written complaint on 08.08.2018 alleging therein that the accused had opened the gate of her house and on the pretext of conducting some inquiry used force against her and outraged her modesty.
After hearing both the sides, court observed, “accused is facing such allegations and charge which would evoke social disgust and social censure of the act imputed to him. Such an act has been found to provoke public anger, outbursts and condemnation”.
“In such cases, the exercise of discretion vested in the courts cannot be exercised in favour of the accused as a matter of course and he cannot be granted bail without being extraordinary circumstances in his favour”, Principal Sessions Judge said, adding “in such cases, the exercise of discretion becomes an obligation which cannot be discharged in a cavalier or arbitrary manner”.
“The act which is alleged to have been committed by the accused is a heinous offence having provoked social condemnation and social disgust. This court cannot ignore at this stage the public anger and condemnation that the act of the accused has provoked”, Principal Sessions Judge said, adding “admitting the accused to bail at this stage of the case would add to, and aggravate, that anger and condemnation and may cause people lose faith in the administration of criminal justice”.
With these observations, court denied bail to the accused.
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