STATE TIMES NEWS
JAMMU: The court on Wednesday rejected bail applications of Champa Devi and Sagar Kumar, a mother-son duo, under-trial in a murder case. According to prosecution report, petitioners/accused vide order dated August 10, 2018 had been chargesheeted for commission of offences punishable under Sections 302, 120-B & 201 of RPC with accusation that on May 8, 2018, they, under a criminal conspiracy with other co-accused, killed deceased Raj Kumar, while he was sleeping at Railway Colony Bari Brahmana and disposed off his dead body at cremation ground.Principal Sessions Judge Samba M A Chowdhary, after hearing Public Prosecutor Samba Javed Ahmed Khawaja for police and Adv R R Bhat for applicants, observed that when allegations of tampering of evidence are made, it is the duty of the court to satisfy itself whether those allegations have basis and if allegations are not found to be concocted, it would not be a proper exercise of jurisdiction in enlarging petitioners on bail. “Delay in trial is due to many factors including current pandemic. There is no occasion for this court to be unduly influenced by concept of liberty, disregarding facts of the case. In view of serious allegations, though liberty is a very valuable fundamental right as enshrined in Constitution of India, but, at the same time, in a criminal case, more particularly a murder case, where a citizen who, let alone losing liberty, had lost his life, granting of bail due to delay in trial would be a travesty of justice. The long custody by itself is not sufficient to grant bail especially in heinous offence like murder. Having regard to facts and circumstances as enumerated hereinabove, the plea for grant of bail, in the considered opinion of this court, in a heinous offence attracting capital punishment, is not in any way justified and the application, in this behalf seems to be misconceived, devoid of any merit and substance,” he observed and rejected the bail applications.
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