High Court rejects bail plea of murder accused
Upholds Trial Court’s Order
D A RASHID
Srinagar Apr 25: The High Court has dismissed a petition filed by murder accused against the Trial Court’s order rejecting their bail application. They petitioners had submitted that the investigating agency had filed the charge-sheet before the Court without relevant documents within 60 days.
“Trial Court has rightly pointed out that charge-sheet was presented well within the stipulated period of 60 days and has rightly noticed that the accused was arrested on September 23, 2010, the charge-sheet was presented on November 16, 2010. It indicates that charge-sheet was presented on 53rd day of arrest of the accused,” Justice Muhammad Yaqoob Mir held.
The Court rejected the ground that postmortem report and FSL report are vital documents for presenting a charge-sheet without these charge-sheet remains incomplete. “This ground is without substance. The investigation of the case had been completed, FSL report was received and all other evidence was complete, no further investigation was to be conducted. Normally collection of report from the concerned agencies takes some time. Filing of such documents subsequently will not render filing of charge-sheet as incomplete,” the Court said.
On September 17, 2010 Shiraz Ahmad Ganai of Burihalan Shopian filed a report in Police Station about disappearance of his brother Rashed Ali Ganai, working in Sericulture Department. He had left his home on September 15, 2010.
On September 18 his body was found in Raimbi Ara Nalla. Police registered an FIR and started a probe. During investigations, Police arrested Muzaffar Ahmad Thokar, Farooq Ahmad Thokar and Ghulam Rasool Thokar.
Police investigation revealed that the accused owed money to the victim. “On September 15, 2010 they met Ganai at Padpavan. He (Ganai) asked them to return his money which led to the scuffle and accused hit the victim with stone on head,” Police investigation said. Police, subsequently, arrested the accused.
The accused had moved a bail application before the Principal Session Judge Shopian, Syed Tawqeer Ahmad, stating that Police have arrested the accused persons without any reason. They have not committed any offence, the bail application stated.
It said the charge sheet was presented on 60th day after the arrest without postmortem and other documents.
However, Prosecution objected to application on grounds that bail application is misconceived and based on false and baseless grounds. The Principal Session Judge in his order May 24, 2011 rejected the bail application of the accused. “In the present case, the postmortem was conducted and only report was to be submitted. Therefore, in my opinion charge sheet which stands presented before this court cannot be treated as incomplete charge sheet for which accused can be given benefit of statutory bail. The bail application of the accused claiming bail under section 167 (2) CrPC is misconceived, therefore is rejected.”
It was against this order, which accused, had challenged in the High Court.
The state was represented in the case by government Advocate Mir Suhail while the petitioners were represented by S R Hussain.
Lastupdate on : Wed, 25 Apr 2012 21:30:00 Makkah time
Lastupdate on : Wed, 25 Apr 2012 18:30:00 GMT
Lastupdate on : Thu, 26 Apr 2012 00:00:00 IST
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