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2023 Supreme(J&K) 36

MOHAN LAL
Kaushalya Devi – Appellant
Versus
Union Territory of Jammu and Kashmir – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Imtiaz Hussain Mir, Ab. Rauf Lone.
For the Respondent: Sumit Bhatia.

JUDGMENT :

Mohan Lal, J.

1. Petitioners have invoked the jurisdiction of this Court in terms of Section 439 of the Code of Criminal Procedure (hereinafter referred as the ‘Code’) for grant of bails in their favour in case FIR No. 31/2019 for commission of offences punishable under sections 302, 458, 147 and 201 RPC registered with Police Station Panchari, (District Udhampur). It is averred, that the petitioners are the permanent residents of UT of J&K and are entitled to the protection of their fundamental rights including right to liberty and freedom; that the petitioners have been wrongly and falsely implicated in a criminal case FIR No. 31/2019 u/ss 302, 458, 147 and 201 RPC for the allegations that they are involved in murder of one Bodh Raj and soon thereafter registration of FIR all the petitioners herein have been arrested and are facing incarceration in jail; that on completion of investigation in the aforesaid FIR a criminal challan/charge sheet has been presented against the accused persons including the petitioners in the year 2019 which is pending disposal/trial before the Court of Ld. Additional Sessions Judge Udhampur wherein as many as 31 prosecution witnesses have bee

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