Srinagar: A trial court in Srinagar on Tuesday rejected bail application of a person held for his involvement in murder of hi neighbour, a retired engineer of the power development department.
Additional Sessions Judge Srinagar Parvaiz Ahmad Kachroo rejected the bail application on grounds that the crime was of grave nature and for the interest of the society the accused could not be set free.
In its 21 page order, the court said that the personal liberty guaranteed to the accused is undoubtedly their valuable right guaranteed under Article 21 of the Constitution but same can be refused to them in accordance with the procedure established under law.
Defense counsel had sought bail to the accused Ghulam Rasool Rather who is facing trial in FIR No. 22/2017 registered in Police Station Soura for the offences under sections 302 RPC (Murder), 120-B RPC (Criminal conspiracy).
He had pleaded that the accused is suffering from heart ailment since last more than twenty days. He had further pleaded that while he (accused) was in the custody, no adequate treatment has been provided to the accused as such his condition has further deteriorated.
The defence counsel pleaded that during the period the accused was admitted in the hospital a pacemaker was planted into the body of the accused, adding, “The accused is otherwise also innocent and has not committed any offence but has been implicated in a false and frivolous case.”
The application was resisted by the prosecution on the ground that accused along with other co-accused is facing trial in a serious and heinous offence murder.
The prosecution submitted that the accused have committed cold blooded murder by using a vehicle and the grounds urged (by defence counsel) in the application are misconceived.
“The accused is not suffering from such a disease which is life consuming in nature. The treatment which is required by the accused can be provided within the four walls of the jail also. Earlier accused had suffered some sickness and he was admitted in the hospital where he was provided adequate medical treatment. “There are no apprehensions that the condition of accused may further deteriorate,” he pleaded.
On 7 May 2017, a retired PDD engineer Mehrajudin Mir of Behlochipora Soura, was found seriously injured on roadside in the locality. He was rushed to SKIMS Soura by police where he succumbed to his injuries.
Police during investigations arrested three accused Altaf Ahmad Rather, Ishfaq Ahmad Rather (two brothers) and their father, Ghulam Rasool Rather on murder charges.
It was later established that the trio had a dispute with the murdered engineer and they plotted his killing by running a speeding vehicle over him.