STATE TIMES NEWS
JAMMU: Justice Ali Mohammad Magrey dismissed bail application filed by Mohd Kala and Others, who are facing trial in a murder case.While dismissing bail plea, Justice Ali Mohammad Magrey after hearing Sr. Adv MA Goni for applicants whereas Deputy AG Vishal Bharti for UT, also directed the trial court to expedite trial and consider bail application of accused when so moved at a later stage in light of progress in the trial.The brief facts of the case were recorded for proper adjudication. Pursuant to a complaint lodged by one Mohd Yaqoob, son of Mohd Yousf Caste Gujjar, resident of Sikanderpur Tehsil and district Jammu, on 6th July, 2015, at Police Station Kud to effect that accused Gani, Hakam Din, Mussa, sons of Shukar Din, Maroof @ Khunna, Gaffoor, son of Hakam Din, Gungi, Khanjru, son of Mussa, Maako, Pootu, Kala, sons of Saraj Din caste Gujjar, residents of Marlian Tehsil R S Pura, Haneef, son of Babu, Majid @ Babal, son of Haneef, Shah Wali, Nazir, sons of Yaqoob, Godey, Affi, son of Hussain, Rani, wife of Abdul Gani, all caste Gujjar residents of R S Pura, Aslam @ Asshu, son of Sher Ali, Liquat Ali @ Burra, son of Alif Din, Bhar Din, son of Alif Din, resident of R S Pura; Yousf, son of Farooq Din and Mussa, son of Farooq Din caste Gujjar resident of Talwara, entered house of Rashid Ali, son of Mohd Yousf, resident of Chakhar Tehsil/ Distt. Udhampur at present Dhar Ladda Tehsil Chenani District Udhampur, with criminal intentions and beat him and his family members with Lathies which resulted in death of Rashid Ali and grievous injuries to Bibi, his wife; Mohd Hamid, Mohd Kabir his sons and Alif Din his brother. A pet dog was also killed by the accused. The investigation of the case led to the filing of Challan against accused/ applicants. The prosecution has cited 38 witnesses out of which 20 are yet to be examined.Justice Ali Mohammad Magrey after hearing both the sides observed that the discrepancies in evidence recorded so far referred to by senior counsel and subsequent failure of the prosecution story cannot be appreciated at this stage as merits of the matter can be touched when at least the deposition made by the cited eye witnesses is available on the file in full and not in piecemeal as the alleged occurrence in which the applicants seek release on bail relates to an offence carrying capital punishment. Furthermore, there is every likelihood that the eye witnesses who are yet to depose before the trial court can be influenced by the accused in event they are released on bail, as the complainant side and the accused are stated to be related to each other.Justice Magrey observed that no case is made out for grant of bail in favour of accused at this stage. “The accused can, however, move an application again when there is advancement in trial. However, the court feels it appropriate to observe that it would be a failure of justice if the deposition of the eye witnesses is unnecessarily delayed for long and it would further be a travesty of justice if they later do not depose against the accused. Therefore, the trial court is directed to expedite the trial and consider the bail application of the accused when so moved at a later stage in light of the progress in the trial,” he observed.
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