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SANJEEV KUMAR
Shafkat Hussain – Appellant
Versus
Public Prosecutors Additional Session Court Doda – Respondent
JUDGMENT :
1. The petitioners along with others are facing trial in case FIR No. 35/2017 registered in Police Station, Gandoh for offences under Sections 302/307/458/436/511/201/120-B RPC and 7/27 Arms Act which is pending disposal before the Court of learned Additional Sessions Judge, Doda (hereinafter referred to as the 'trial Court').
2. Before filing the instant application, the petitioners along with two others had moved a similar application for bail before the trial Court which the trial Court rejected vide its order dated 19.03.2020 in so far as the petitioners herein are concerned. The two other accused, namely, Bashir Ahmed and Altaf Hussain were, however, enlarged on bail by the trial Court. Feeling aggrieved and with a view to seek their enlargement on bail in the aforesaid case, the petitioners have moved this Court through the medium of instant application.
3. Before I advert to the grounds urged by the petitioners seeking concession of bail, it would be appropriate to take note of the prosecution story and the outcome of the trial so far held in the instant case:-
The requirement of establishing conspiracy and the inadvisability of detailed exploration of evidence at the bail stage.
The severity of the charges and the prima facie satisfaction of the court in support of the charge are crucial in deciding bail applications in serious offences.
Point of Law : Grant of Bail - Petitioner cannot be made to languish behind bars for a longer period of time, and that veracity of allegations levelled against him can be tested during trial.
Grant of Bail - circumstances which are peculiar to the accused should also be a factor that must be taken into consideration while granting or refusing bail.
The main legal point established in the judgment is the consideration of evidence, pending charges, and the expected trial duration in the decision to grant bail.
The court established that in the absence of credible evidence linking the accused to the crime scene, bail should be granted, especially when trial proceedings are expected to be lengthy.
Grant of Bail - Injuries/Wounds/Weapons - Murder - Petitioners even though were present as members of a mob at Gali No. 1 Akhadewali gali after 11.00 PM when some members of this mob were armed howev....
The court upheld the trial court's decision to frame charges based on sufficient circumstantial evidence and confessions, emphasizing the admissibility of evidence under the Evidence Act.
Theory of close-range shot is just a conjecture of the investigating agency and is not based on scientific fact.Simply because copper like pieces were found near the exit wound of the body, as per th....
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