PARVEENA BEGUM Vs. STATE

JUDGEMENT

(1.) THIS application has been preferred for the grant of bail to one Mst. Parveena Begum who is facing trial for the offences under Sections 302/109 R.P.C pending at the stage of prosecution evidence in the Court of learned Additional Sessions Judge, Doda.

(2.) THE accusations against the applicant -accused gatherable from the record depicted in narration are that on 3.9.2003 at 10 P.M with criminal intention to kill Noor Mohd. Constable No. 809/SGC, the applicant in conspiracy with her husband Ghulam Mohd. alias Gulla poured acid on the deceased as a result of which he sustained serious injuries and later on died in the Hospital on 5.7.2003. A case under Sections 302/109 R.P.C stood registered against the accused, applicant and her husband and investigation proceeded. On the conclusion of the investigation, the challan was presented against both the accused before the trial Court, where the case after the frame of charge is pending at the stage of recording prosecution evidence.

(3.) IN resisting the bail of the applicant, objections came to be filed by the State in stating that after the dismissal of the 2nd bail application of the applicant by the ld. Additional Sessions Judge Doda vide order dated 17.5.2004, there is no change in the circumstances and, thus, entails rejection of this application for the bail of the applicant which is made after a gap of about two weeks of the dismissal of the earlier application. It was further pointed out that the prosecution has cited as many as 26 witnesses out of which only 08 witnesses have been recorded. There are still material witnesses which are to be produced in the case and in the event of release of the applicant on bail, there is every likelihood of her absconding on the ground of gravity of offences and severity of the punishment that may entail to conviction and further prevail and upon the witnesses and tampering the evidence, as the applicant's husband the co -accused in the case is still absconding, cannot be ruled out.