Excelsior Correspondent
JAMMU, Jan 16: Excise Magistrate Jammu Umesh Sharma today rejected the bail application of one gangster involved in broad-day robbery case at Gandhi Nagar.
After hearing Advocate Narinder K Attri for the applicant Raja Singh whereas APP Yogesh Bamba with SHO Gandhi Nagar Pankaj Sharma and Advocate Sahib Aggarwal complainant in person, Excise Magistrate Jammu Umesh Sharma observed, “the robbed money is yet to be recovered and many other accused persons involved in this day light robbery are yet to nabbed by the SIT, therefore, mere factum of accused being in judicial custody can’t entitle him to seek bail especially when he is involved in such a serious crime”.
“Indisputably, the applicant, at present, is in judicial lockup but it doesn’t mean that the investigation of the case is complete. Prima facia, it appears that in case the accused is enlarged on bail, there is every apprehension that he may tamper with the evidence and may also come in contact with absconding accused persons and may then hamper the investigation of the case”, the court said.
“While deciding the plea of the accused for bail, the antecedents of the accused can’t be ignored. Antecedent is regarded as an important factor which is to be duly considered. Police report would show that the instant case is not the only case registered against the accused but the applicant /accused, as per the record submitted by the SIT, was also involved in three more FIRs registered in Dasua Hoshiyarpur Punjab”, the court said.
“Personal liberty of the accused is without any doubt his constitutional guarantee but the same can be refused in accordance with the procedure established by law and is required to be balanced with the impact of the offence upon the society”, the court said while rejecting the bail application.
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