Nassurullah Khan vs Union Territory of J&K

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(J&K) 393

RAJNESH OSWAL
Nassurullah Khan – Appellant
Versus
Union Territory of J&K – Respondent

Advocates:
Advocate Appeared:
For the Applicant :Mr. Gagan Basotra, Sr. Advocate with Ms. Navdeep Kour, Advocate
For the Respondent: Nos.1 and 2 Mr. Adarsh Bhagat, GA
For the Respondent(s) No.3 Mr. A.M. Malik, Advocate

ORDER :

Rajnesh Oswal, J.-The present bail application has been filed by the petitioners seeking bail in the challan titled “U.T. of J&K vs Nasarullah Khan & Ors” pending before the learned Sessions Judge, Poonch (hereinafter to be referred as the trial court) arising out of FIR bearing No. 74/2020 of Police Station, Surankote for commission of offence under section 304 IPC, on the ground that they have not committed any offence and the medical evidence would clearly show that the petitioners are not involved in any offence.

2. It is contended in the petition that Mohd. Alam, deceased died in his own house as a natural death. It is further stated that out of 28 witnesses, statement of 08 witnesses have been recorded and one witness has turned hostile and further that the witnesses examined by the prosecution till date do not make out a case against the petitioners and also that the petitioners have filed an application before the learned trial court for admitting the statement of the witnesses PW Nos. 17, 18, 19, 20, 22, 25 and 26. The petitioners had moved an application for grant of bail before the trial court but the learned trial court without appreciating the contentions of th