Excelsior Correspondent
Srinagar, Oct 31: High Court has rejected the bail application filed by two persons involved in offence of murder by observing that the allegations against the accused-applicants are serious as they are facing trial which is punishable with death or life imprisonment.
Justice Rajnesh Oswal after discussions by the accused-applicants counsel and counsel for the prosecutions said they are not entitled to bail at this stage as such dismissed their bail application.
Justice Oswal however, directed the trial court to expedite the trial of the case within the parameters of SOPs prescribed by the High Court of Jammu and Kashmir for functioning of the courts during the COVID-19 pandemic.
“Nothing stated herein before shall have any bearing upon the merits of the case and observation made if any is solely for the disposal of the present application”, reads the judgment.
The accused-applicants are facing trial in the challan for commission of offences under sections 302/34 RPC arising out of FIR No. 161/2016 which is pending in the court of Principal Sessions Judge, Bandipora.
The FIR 161/2016 was registered by the Police Station, Bandipora on 13.11.2016 under sections 302/34 RPC after one Abdul Rehman Dar of Ilahi Pora, Aloosa, District, Bandipora was murdered during scuffle in a land dispute.
After having heard, considered and perused the challan and statement of the witnesses. Court said there are serious allegations against the applicants and out of 18 witnesses, 17 witnesses have already been examined by the trial court and only Investigating Officer is to be examined.
“This Court cannot appreciate the creditworthiness or truthfulness of their statements while deciding bail application as the same is required to be done during trial. This court has deliberately avoided to evaluate the evidence as the same is neither appropriate nor desirable lest it should prejudice either of the parties at this stage of the fag end of the trial”, Justice Oswal recorded.
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