SRINAGAR: A trial court in Srinagar on Saturday rejected the bail application of a doctor and his wife and son, allegedly involved in the murder of their neighbour, Ghulam Mohammad Shah of Natipora, over a civil dispute in 2012.
The court of Additional Sessions Judge Parvaiz Hussain Kachroo held that under section 497 CrPC, the accused cannot be released on bail as the gravity of the crime is heinous in nature.
The bail application of the accused – Dr Maqsood Hussain Khan, his son Fahad Maqsood and his wife Almas Ara aka Rozy – was rejected after Public Prosecutor Mohammad Sultan pleaded before court that the accused committed the murder of an innocent person without thinking about his family.
“The trial of the case is at an important juncture and at this point of time, the accused cannot be enlarged on bail. The eye witnesses have deposed their statements before court that how the accused have killed the deceased, who was a father of three daughters and two sons and the sole bread earner of the family,” Sultan said.
Meanwhile advocates Z A Qureshi and Mehraj-ud-din, representing the accused, pleaded before court that the crime alleged by the petitioner is totally baseless as the prosecution witnesses have narrated different stories of the killing of the deceased. It is imperative to release the accused on bail, the defence team said.
The defence also raised the issue of the health of the accused, pertaining to the fact that Almas Ara, wife of Dr Khan, suffers from various ailments and is around 65 years old. “We request court to take humble view of the matter and get the accused released on bail on health grounds,” submitted the defence.
The court, however, rejected the bail plea and held that prima facie evidence against the accused is strong enough and they cannot be let out on bail.
Following the incident on July 4, 2012, the police had registered a case of FIR No. 135/2012 against the accused family under Sections 302, 120-B and 34 RPC and had produced a charge sheet against the three accused family members before the Chief Judicial Magistrate (CJM), Srinagar.
Subsequently, the CJM committed the case for trial to the Sessions Court on September 8, 2012.
On July 4, 2012, the accused family had barged into the deceased’s house during an argument over garbage dumping and over a land dispute issue. In the scuffle that followed, they allegedly killed the deceased by hitting him in the head and privates with a baseball bat. His two daughters were also injured in the assault.
The deceased succumbed to his injuries at SKIMS Soura on July 6.
The Sadder police station registered a case against the accused and the case is under trial. The accused are in Central Jail Srinagar although one of the accused, Dr Maqsood Hussain Khan, was released on interim bail for a limited time, following deterioration in his health.