Excelsior Correspondent
KARGIL, Nov 29: Principal Sessions Judge Kargil, Tahir Khurshid Raina today refused bail application in a murder case on account of the gravity of offence and its impact on the society.
The applicants namely Haji Mohd Jaggar and Haji Azam while working in PWD Suru Valley Division Sankoo had misappropriated the Government funds and property. To escape from liability, they set on fire a Government building by engaging two persons.
After committing this act, the accused persons put the van used in the crime on fire to eliminate the entire incriminating evidence including the two engaged persons. One of them namely Shabir Ahmed succumbed to injuries.
The accused persons were charged with offences under Section 302, 307, 201120-B and 435 RPC and trial commenced. In the bail application, the counsel for the applicants argued that 19 out of 28 witnesses stand examined and star prosecution witness has turned hostile.
However, the Public Prosecutor rebutted the arguments of applicants’ counsel and submitted that inspite of one witness turning hostile there is sufficient evidence on record which connects the accused with the crime. He said that accused can influence the left out witnesses and can even jump the trial.
After hearing both the sides, Court observed, “though in these cases as well discretion lies with the court to grant bail but that can be the case of No Evidence against the accused. The instant case doesn’t fall in this category and therefore no bail but jail”.
“There is likelihood of accused to tamper with the evidence. They are already charged under Section 201 RPC—for disappearance of evidence and court cannot afford to enlarge such accused on bail”, Principal Sessions Judge said. Accordingly, the Court rejected the bail application of the accused.
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