PREM SINGH Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) Through the medium of this Bail Application under Sec. 498 Cr.P.C., applicant -accused is seeking bail in case FIR No. 22/1025 registered against him in Police Station, Kanachak, Jammu for the commission of offence punishable under Ss. 366 RPC which upon investigation was challaned in the Court of learned 3rd Additional Sessions Judge, Jammu (Fast Track Court) for the commission of offence punishable under Sec. 376 RPC. It is contended by learned counsel, Mr. Shukla that applicant -accused had moved the Court of learned 3rd Additional Sessions Judge, Jammu (hereinafter referred to as Trial Court') on 30.03.2015, seeking bail immediately on the completion of sixty days of the investigation from the date of registration of the case on the ground that Police had failed to complete the investigation and produce the challan within sixty days, as the applicant -accused as a matter of right was entitled to bail. Alternatively, applicant -accused had also claimed bail on merits. During the pendency of the application, a challan also came to be presented.

(2.) Learned counsel for the applicant -accused when was confronted with the amendment in the Cr.P.C., prescribing limit of 'ninety days' for investigation and production of challan in the matter of offence punishable under Sec. 376 RPC, alternatively application for grant of bail was pressed on merits before the learned Trial Court. As argued by learned counsel appearing for the applicant -accused and State, it is not in dispute that while application for grant of bail was pending consideration before the learned Trial Court, challan also came to be presented. Application was, thus, heard on merit and application moved by the applicant -accused for seeking bail was rejected by the learned Trial Court vide its order dated 25.04.2015, copy whereof has been appended with the instant application as Annexure -A.

(3.) Bail Application amongst other grounds appears to have been rejected by the learned Trial Court primarily on the plea of the prosecution that in case applicant -accused is admitted to bail, he may jump over the bail and hamper and tamper with the prosecution witnesses yet to be examined in the Trial Court and also on the ground that release of the applicant -accused at a stage when witnesses are yet to be examined and his remaining outside will cause deleterious effect on the mind of the general public and thwart the course of justice.