GULSHAN BEGUM Vs. STATE AND ORS.

JUDGEMENT

(1.) This Criminal Revision has been preferred against the order of learned Court of Additional Sessions Judge, Sopore, dated 27.02016, passed in bail application, whereby two applications filed by the complainant, seeking cancellation of interim bail granted vide order dated 06.03.2015, in favour of accused namely Gaffar Lone, Satar Lone, Ghulam Rasool Lone and Ghulam Mohammad Ganai in case FIR No. 94/2012, Police Station Bomai under Section 302, 307, 148, 341, 354, 34 RPC have been rejected and are seeking quashment of the orders dated 27.02016 along with order dated 06.03.2015.

(2.) During the year 2012, the dispute arose on a well, when the ladies of the accused persons did not allowed the petitioner to get the water from the said well and scuffle took place between the ladies of both the sides and meanwhile, as alleged the accused persons came along with Danda's and Iron rods striked the head with the fatal blow of Iron rod and wooden danda's with the result the husband and other two brother of the petitioner's husband also sustained injuries but the husband of the petitioner was so serious and he was referred by the Sub-District Hospital, Sopore to SKIMS, Soura, where he succumbed to injuries and two brothers of deceased were treated accordingly hence FIR No. 94/2012 came to be lodged against, as many as nine accused persons and final report came to be filed by P/S Bumia, Sopore at Sessions Court at Baramulla, and the trial against accused started and were charged under Section 302, 307, 148 RPC and thereafter the prosecution evidence was called by the Court which is going on, and on 15.03.2015, the said Court released the four accused persons on interim bail by virtue of Court order dated 15.03.2015.

(3.) It is averred that the said order was put to challenge the petitioner under Section 561-A Cr. P.C. which was disposed of by the Court with the direction to rehear the bail application/cancelation of interim bail afresh and pass orders accordingly the Court passed rejection order thereby rejected the application for cancellation of bail and interim bail so granted was made absolute.