Excelsior Correspondent
JAMMU, Oct 21: Principal Sessions Judge Samba MA Chowdhary has rejected the bail applications of Champa Devi and her son Sagar Kumar, who were facing trial in murder of one Raj Kumar in Railway Colony Bari Brahamana.
After hearing Public Prosecutor Javed Ahmed Khawaja for the police whereas Advocate RR Bhat for the applicants, the court observed, “when allegations of tampering of evidence are made, it is the duty of the court to satisfy itself whether those allegations have basis and if the allegations are not found to be concocted, it would not be a proper exercise of jurisdiction in enlarging the petitioners/accused on bail”.
“The delay in trial is due to many factors including the current pandemic. There is no occasion for this court to be unduly influenced by the concept of liberty, disregarding the facts of the case”, the Judge said, adding “in view of serious allegations, though liberty is a very valuable fundamental right as enshrined in the Constitution of India but, at the same time, in a criminal case, more particularly a murder case, where a citizen who, let alone losing liberty, has lost his very life, granting of bail due to delay in trial would be a travesty of justice”.
“The long custody by itself is not sufficient to grant bail especially in heinous offence like murder”, the court said and rejected the bail application.
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