STATE OF J&K Vs. RAVI CHAND

JUDGEMENT

(1.) THE only question involved in this Criminal Revision whether the order releasing the respondents who are facing trial on the charge of murder is an abuse of the process of the court.

(2.) THE facts of the case in brief are these. One Pawan Kumar was killed on 23 -11 -1997. A Police Challan was produced against the accused -respondents on 09 -02 -1998 charging them with the murder of said Pawan Kumar. The Additional Sessions Judge, Jammu found them prima facie guilty of murder and framed charges punishable under section 302/149/148/323 RPC against them on 25 -09 -1998. While the evidence was being recorded, the accused -respondents applied for release on bail. The learned trial court allowed the application by its order dated: 19 -05 -2000 on the sole and the only ground: - "That this court in a case S. Ajit Singh Vs. State of J&K, Cr. L.J. 2000 (J&K) 343, has granted bail to the accused because of the delay on the part of prosecution to produce its evidence and the facts being identical, the ratio is applicable."

(3.) MR . Sharma, learned Govt. Advocate, appearing for the State argued that the order of the trial court is illegal because the offence of murder being punishable with death or life imprisonment, bail could be granted only if the accused was under the age of sixteen at the time the offence was committed or is a woman or a sick person. Since bail has not been granted on any of these grounds, the order, argued the learned counsel is liable to be set aside and the bail bonds cancelled. The contention of Mr. Bhushan appearing for the accused -respondentsis that the order impugned being an interlocutory, revision is not maintainable in view of the bar of sub -section 4 (a) of section 435 Cr. P.C. He also argued that the trial court having exercised the discretion, the same should not be interfered when the trial is nearing conclusion as only statements of two or three remain to be recorded.