Excelsior Correspondent
JAMMU, July 5: In the much publicized Akhnoor sex scandal, High Court today directed the trial court to conduct the trial without any reasonable delay. Even the prosecution agency has been directed to ensure presence of the witnesses on each and every date of hearing.
These directions were passed by Justice Tashi Rabstan while dismissing the revision petition filed by one Rahul against the order of trial court whereby his bail application was rejected.
“From the perusal of the order passed by the trial court, it is abundantly clear that keeping in view nature and seriousness of allegations made against the accused coupled with the fact that charges under Section 376 RPC have been framed against him, Sessions Judge has exercised his discretion which is well founded and in consonance with the legal parameters laid down in dealing with such matters”, High Court said, adding “otherwise also, grant of bail being interlocutory order, cannot be subjected to revisional jurisdiction”.
“Court is of the considered view that severity and degree of punishment would be at higher side if the allegation leveled against the petitioner-accused is proved to be true. Since the trial in this case is at its infancy, therefore it would be improper and premature to admit the petitioner accused to bail at this stage. Further, in case concession of bail is extended to the petitioner at this stage, there is every likelihood that he may threaten or win over the prosecution witnesses and thereby thwarting the course of justice”, Justice Rabstan said.
However, keeping in view the fact that the petitioner has a right of speedy trial, trial court was directed to conduct the trial of this case without any reasonable delay. Even prosecution agency has been directed to ensure presence of the witnesses on each and every date of hearing before the trial court.
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