A local here Friday rejected successive bail applications of two persons accused of killing a woman in 2013.
After hearing additional public prosecutor, Mushtaq Zargar, and defence counsel, the court of 4th Additional District and Sessions Judge, Srinagar, Haq Nawaz Zargar, said the allegations levelled against the accused persons are still intact and have not been altered or deleted.
“I find no merit in the instant application also, thus same is rejected,” the court said.
The Court added that one of the additional grounds taken by the defence counsel is that since prosecution evidence is closed and applicants have to lead the evidence, so in order to defend the case they be set free on bail as being behind the bars would be a handicap in defending themselves.
“Important to note that how can the accused feel so when they are being represented and defended by a very senior and capable advocate who had taken all the pains to prepare his arguments and present the case before this court without ever projecting the fact that he feels any handicap when the applicants are behind the bars,” court said.
The court observed that though recording of prosecution witnesses’ stands completed and the chances of tampering and hampering with the prosecution evidence no more exists. “But it is not the only factor for deciding bail application.”
“The court had to take into consideration the other factors which are against the accused persons. So far as the point regarding presence of aged old parents and children of the accused in their families is concerned, this court has fair and genuine sympathy with them,” it added.
The court further observed that there is no restriction to file successive bail application as there is nothing like a principle of res judicata operating in the field of criminal justice system.
“But there must be some material and substantial change in the factual situation for the court to entertain a subsequent bail application,” it added.
As per prosecution, accused Ashiq Mir and Sultan Mir of Bakshipora Srinagar killed a woman in 2013 “after she objected to their trespassing in her land.”