JAGDISH SINGH AND ANR Vs. STATE & ANR

JUDGEMENT

(1.) Petitioners, who are under trial in case FIR No.65/2017 for the commission of offences punishable under Sections 302/34 RPC the trial of which is pending before the learned Principal Sessions Judge Reasi, have filed the present application for grant of bail on the ground that the prosecution has cited as many as 20 witnesses and out of 20 witnesses, 17 witnesses have been recorded by the court below and remaining witnesses are police personnel whose statements are not sufficient to prove the guilt of the accused; that the maximum number of witnesses have turned hostile and have not supported the prosecution case before the court below; that the prosecution witnesses including father, mother and brothers of the deceased have turned hostile and have not supported the prosecution case. Even child (minor) witness namely Mansa Devi has not supported the prosecution case. It has further been stated that the other circumstantial evidence including Mohd. Manzoor, Balbir Singh, Raghu Nath Singh, Darshna Devi, Rita Devi and Kailash Chand have also turned hostile.

(2.) The State has filed objections wherein it has been stated that accused are facing trial in murder case so they are not entitled to bail; that offence is heinous and carries serious punishment; that the court below has rightly rejected the bail.

(3.) The relevant para of the order of court below reads as under: