Excelsior Correspondent
JAMMU, Feb 20: In the much publicized JDA double murder case, Division Bench of State High Court comprising Chief Justice M M Kumar and Justice Hasnain Massodi today granted interim bail to Balwan Singh, Gandharb Singh and PSO Dev Raj.
According to the police case, on April 24, 2001 Balwan Singh, Gandharb Singh and PSO Dev Raj killed Pardeep Kumar and Kamal Raj in the JDA complex over a business rivalry. During the course of investigation, police arrested the accused persons and after completion of the investigation challan was presented in the Court of law.
On October 22, 2009, trial Court awarded life-imprisonment to all the accused which was challenged in the High Court.
After hearing Senior Advocates PN Raina and KS Johal with Advocates JA Hamal, Arsh Joyt Kour and Shala Rafiqi for the accused persons whereas Senior Advocate Sunil Sethi with Advocate Ravi Abrol for the State, Division Bench observed, “the applicants admittedly have been arrested in the year 2001 and are in custody for last more than 12 years. The applicants, therefore, have served substantial part of the sentence. The delay in conclusion of trial and thereafter disposal of the appeals, is not attributable to the applicants”.
“It is well settled law that speedy justice is an integral part of right to life and liberty guaranteed under Article 21 of the Constitution of India. The application for bail in the background of applicants’ custody for a period of more than 12 years, therefore, merits consideration, irrespective of the merits of the case”, the DB said, adding “having regard to the period of custody, the plea as regards mode and manner of commission of the alleged offences, would not be a deciding factor and, at least, for the purpose of grant of bail to the applicants”.
With these observations, Court allowed all the bail applications and granted interim bail to all the applicants in the event they furnish surety bond in the amount of Rs 2 lakh each to the satisfaction of Registrar Judicial, High Court Wing Jammu and personal bonds in identical amount to the satisfaction of Superintendent Central Jail, Jammu.
Trending Now
E-Paper
Follow our WhatsApp channel