Justice Sanjay Kumar Gupta rejected the bail application of father and his two sons in murder case.
The brief facts of the case are that from the reliable source, information was received in Police Station Kishtwar on September 5, 2015 that accused Imtiyaz Ahmed has committed the murder of one person, namely, Nissar Ahmed by inflicting stab injury with Kirch in his belly.
On this, investigation was commenced, which culminated into filing of charge-sheet against Imtiyaz and his sons.
From the investigation, it was found that the accused persons with common criminal intention committed the murder of Nissar Ahmed, son of Shabir Bhagwan, resident of Hullar Kishtwar.
While rejecting the bail application, the court observed that petitioners’ argument that whole of family is inside the jail and there is no male member in family to look after other female members is not tenable, because accused/petitioners are facing trial in murder case, wherein punishment is death or life imprisonment.
“One more argument of counsel for petitioners is that there is delay in recording the statement of the witnesses under Section 161 Cr.P.C. and it has also come in the investigation that some of the prosecution witnesses, who are the real relatives of the deceased, were demanding money from the persons of the area.
This argument is also not tenable as these drawbacks in investigation can be seen at final stage of case and these cannot be considered at the time of considering the bail petition”, the court observed.
With these observations, court rejected the bail application.