1. Petitioners namely Mrs. Almas Ara @ Rozy and Fahad Khan are facing trial in the case FIR No. 135/2011, P/S Saddar, registered against them along-with co-accused namely Dr. Maqsood Hussain Khan before the court of learned Additional Sessions Judge, Srinagar. The case has been registered against them on 04.07.2012 with the allegation that they had committed offences punishable under Sections 302, 307, 34, 120-B, 326, 324 and 506 Ranbir Penal code.

2. During the pendency of trial, an application came to be presented by the petitioners herein before the learned trial court for being admitted them to bail, which has been rejected by the said court with the observations that since there is the accusations of hatching criminal conspiracy with other accused persons there was no occasion for the court to segregate the charge and held them entitled for grant of bail under Section 497 Cr.PC for deficient evidence as pleaded in the petition having not participated in the commission of offence of murder.

3. The said order has been challenged in terms of the revision petition before this Court.

4. Briefly stating the grounds projected in the instant Criminal Revision Petition are that the petitioners were arrested in connection with false and frivolous FIR No.135 of 2011, P/S Sadder. It is stated that the petitioners actually belong to Poonch and have constructed a house at Budshah Nagar, Natipora, Srinagar. It is also stated that the age of petitioner No.1 is more than 67 years and is suffering from gout and requires constant medical vigil. Furthermore, it is being pleaded that there are two sets of witnesses produced by the prosecution till date. One set of witnesses are the family members of the deceased, who have narrated the same story as projected by the police in the challan but on material aspect have contradicted each other; whereas the another set are the independent witnesses, cited as eyewitnesses, who have come before the court and stated that the petitioners have not caused any injury on the deceased but at the time of occurrence were standing near the wall of a different house. Petitioners have pressed into service post-mortem report and the report of the doctor who had examined the injured persons, who were family members of the deceased, to prove the contradiction in their story. It is stated that the court after considering the arguments had dismissed the bail application vide order dated 16.12.2017, which is under challenge in the revision petition.

5. Respondents, in terms of the order dated 01.02.2017, were directed to file objections to Cr.Rev. No.52/2017, which they have accordingly filed, wherein it is pleaded as:—

“That the factual aspect of the case of the petitioners is that on 04.07.2012, one lady namely Mst. Shameema W/o Gh. Mohd. Shad R/o H.No.114, Budshah Nagar, Natipora, Srinagar, report in Police Post, Chanapora with an application mentioned therein that on the same date at 09.00 PM, she along-with here family members were in their house and one Maqsood Hussain Khan who resides in their neighbourhood along-with his family members consists of two sons and wife namely Sadat Maqsood Khan; Fahad Maqsood Khan and wife Almas Ara @ Rozy entered forcibly and pelted stone on the main gate and were carrying lathies, iron rods(Tie Rods). On this, husband of the complainant came out from house and asked them the reason and requested to stop pelting of bricks, but all of them caught hold him and beat ruthlessly with lathies, bricks, knife with an intention to kill him, who was rescued by some other neighbours and was taken to hospital in injured condition by them etc.

That, consequent upon this information, a case FIR No.135/2012 u/s 307, 120 B, 34, RPC, was registered at P/S Sadder. During the investigation, statement of witnesses were recorded and offences u/s 307, 34, 120-B Ranbir Penal code were established against Sadat Maqsood Khan; Fahad Maqsood Khan sons of Maqsood Hussain Khan; Maqsood Ahmad Khan S/o