MOHD RAMZAN Vs. STATE

JUDGEMENT

(1.) BEHEADING of two Pujaries having been attributed to the accused -petitioners resulted in registration of FIR bearing No. 183/2001 by Police Station, Surankote U/S 302/364/382/109 RPC, consequent thereto they have landed in the judicial custody and are facing trial. Evidence partly recorded does not indict them as per the understanding of the appearing learned counsel for the accused petitioners who also alleges deliberate lack of due diligence on the part of prosecution in production of evidence. On said premises indulgence of the trial Court was sought for grant of bail but it could not break the ice, resultantly, rejection of the application and such refusal to bail is said to be devoid of legal sanction, thus aggrieved, hence this motion under section 498 Cr. P.C. Curtailment of liberty of the accused -petitioners is questioned essentially on aforementioned grounds. The argument is advanced simply to be rejected, reason being that timely abridgement of petitioners liberty emanates from a statutory obligation, for, in absence of a belief of not guilty based on well founded grounds as is true of the case on hand besides nature and gravity of accusations, coupled with reasonable apprehension of tempering with the prosecution evidence disentitles the petitioners -accused to the concession of bail. Needless to say that any observation made hereinabove shall restrict to the disposal of this application and shall not construe to be an expression of opinion about the merits of the case.

(2.) IN the aforementioned backdrop, I am loath to intervene, nonetheless, the dismissal of this application shall not come in the way of learned trial Court in case any fresh bail application is filed and a fresh cause having sanction of law accrues to the accused -petitioners for such subsequent motion to be considered on its merits and according to law. Dismissed.