STATE TIMES NEWS
JAMMU: Special Excise Magistrate Jammu Umesh Sharma rejected the bail application of Sadeeq Ali booked under FIR 95, 2022 under sections 307, 323, 147,341 IPC and 4/25 IA Act of Police Station Gangyal for attacking and seriously injuring the victim who is battling for life at a hospital in Chandigarh.
Counsel for the victim submitted that the applicant has been implicated in a false and frivolous case and the police has arrested him; that the applicant has not committed any offence as alleged by the police; that the applicant is a permanent resident of the UT of Jammu and Kashmir and there is no chance of his absconding; that the applicant belongs to a respectable family and is a student and if not granted bail, an irreparable loss and injury will be caused to him that the applicant is ready to abide by all the conditions that may be imposed upon them by the court and are also ready to furnish bail bonds if they are admitted to bail by the court.
Counsel for the applicant also sought the relief of bail based on the principle of parity by submitting that few of the other accused persons of the case stand already enlarged on bail.
The Prosecution Counsel Yogesh Bamba, APP strongly opposed the bail application on the grounds that offences committed by the accused person are non-bailable, serious and heinous in nature.
According to him the investigation of the case is in infancy and if the accused is enlarged on bail, will cause impediments and obstacles. He further said that the injured is still in the hospital and hence grant of bail to the accused at this stage shall cause grave prejudice to the investigating agency and he may temper with the prosecution evidence. He said that on these grounds it is prayed that the bail application be dismissed.
The Special Excise Mobile Magistrate heard the counsel appearing for the applicant and APP appearing for the UT, perused and carefully went through the entire record of the bail application and perused the CD file and held that he was of the considered view that a strong prima-facia has been made out against the applicant/accused. The offences allegedly to have been committed by the accused are very serious in nature and the punishment provided for section 307 IPC is up to 10 years which can extend to life imprisonment, if hurt is caused to any person by such an act.
He further held that other accused persons involved in the instant FIR have been granted interim bail by other competent Courts but the police report clearly discloses that the accused persons, who have been granted interim bail, have played a very limited role in the occurrence and have not used any weapon to inflict injuries upon the injured of the case. On the other hand, there are allegations in the police report that the applicant/accused is one of main perpetrator of the crime as he, with an intention to kill, has injured one of the victim with a sharp edged “Krich” and the said injured is still battling for his life at a hospital in Chandigarh. It would be pertinent to observe here that while applying the “Principle of Parity” the Court has to consider the totality of the circumstances. Thus in view of all what has been discussed herein above, the prayer of the applicant for grant of bail is rejected and the application is hereby dismissed.
