Excelsior Correspondent
JAMMU, Feb 14: State High Court today refused to grant bail to Saleem Beigh, former Superintendent of Kot Bhalwal Jail.
According to police case, Suresh Kumar alias Tunda and accused Akram Khan and Jatinder Kumar alias Billu were arrested on December 2 & 3, 2010 and during investigation they disclosed that for killing of Sudershan Singh Wazir, Jagar Singh had paid advance of Rs 50,000 to them through Surinder Singh alias Shantu.
The main challan was presented on January 29, 2011 and seeking General Arrest Warrants against Sunny Choudhary under Section 512 CrPC. Later, he was arrested by the Jhajjar Kotli Police under 3/25 Arms Act.
During investigation, Sunny Choudhary disclosed that when he was in Central Jail Kot-Bhalwal he came in contact with Nagar Singh, who was also in the jail at that time and Nagar Singh asked him to kill the Sudershan Singh Wazir, who was active in the Amandeep murder case. He further revealed that he got Rs 15 lakh in the presence of Jail Superintendent Saleem Beigh.
While disposing of the bail application, Justice Janak Raj Kotwal observed, “the order passed by the Trial Court does not indicate that the court has scrutinized the depositions of the witnesses, who were the witnesses to the alleged meeting in which the petitioner had participated”, adding, “the accused is not entitled to bail on the basis of evidence of one witness. Scrutiny of entire evidence for limited purpose of recording reasons to believe that accused is guilty of the offence of conspiracy to liquidate a witness of a case as alleged by the prosecution, is required to be done”.
“If such a belief is not possible from the evidence, accused would be entitled to bail. Such scrutiny though can be done by this Court but it is apt and essential that this job is left to the Trial Court which seized of the entire record and is in position to compare entire evidence and material”, Justice Kotwal said.
“Dismissal of earlier bail application by the Trial Court notwithstanding, petitioner may apply fresh and the trial court shall accord consideration to the application having regard to the evidence recorded/proposed to be recorded and dispose of the application in light of observations made by a speaking order indicating the reasons for granting or refusing the bail”, High Court said.
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