 Early Times Report
Jammu, Dec 8: The High Court of Jammu & Kashmir and Ladakh has dismissed the bail plea of Sudesh Singh, an accused in a case relating to the alleged murder of his wife, holding that at this stage it is not possible to conclude that there is no evidence against him warranting release. Justice Rajnesh Oswal passed the order in bail application, arising out of FIR No. 67/2020 dated 08.08.2020 registered under Section 302 IPC and pending trial before the Principal Sessions Judge, Reasi. The accused had approached the High Court after the trial court declined bail.
The defence argued that there was no direct evidence linking the applicant to the offence and that two of the three cited eye-witnesses had turned hostile, while the third allegedly failed to support the prosecution due to contradictions. It was also contended that the applicant had been in custody for more than four years and the delay in trial itself justified bail.
The UT, opposing the plea, submitted that the body of Sapna Devi, wife of the applicant, was found hanging from a tree near her house on June 9, 2020, leading to proceedings under Section 174 CrPC and subsequent registration of FIR after the post-mortem and inquiry. The prosecution maintained the applicant was not entitled to bail given the gravity of the charge.
The Court noted that 18 of 27 witnesses have been examined. While two eye-witnesses — Leelo Devi and Krishan Singh — did not support the prosecution case, PW Ram Pyari, a neighbour, implicated the applicant and his sister. The Bench also referred to the statements of other witnesses who claimed the applicant used to quarrel with the deceased. Importantly, the Court recorded the medical opinion that the deceased died due to asphyxia caused by strangulation.
Relying on settled principles that evidence cannot be minutely appreciated at the bail stage, the High Court held that a prima facie view of the material does not favour the accused’s release. On the issue of delay, the Bench observed that the charge was framed in April 2021 and the offence under Section 302 IPC carries death or life imprisonment, concluding that the applicant had not suffered prolonged incarceration necessitating bail.
The Court clarified that its observations are only for deciding the bail application and shall not influence the merits of the ongoing trial. (JNF) |
