Court rejects bail of ex-SP Ops JAMMU, July 16 (JNF): Second Additional Sessions Judge Jammu AK Koul today rejected the bail application of the then SP Operations Surankote - Sewak Singh, facing trial in a murder case of a probationer Sub Inspector Ajay Gupta.
The probationer sub inspector was killed on October 13, 1998.
The then SP Operations Sewak Singh has been in the jail from the last seven years.
After hearing both the sides court observed that as per facts on record petitioner is alleged to have killed his subordinate after hatching a conspiracy with his co-accused.
Court further observed that there was a list of 85 witnesses in the case and most of the evidence has already been adduced.
"Only investigating officers need to be examined now.
It needs not to be reiterated that the charge against the petitioner and his co-accused is serious and if established they can be punished with death or imprisonment for life.
The nature of charge, nature of evidence in support of it, severity of punishment to which accused may be subjected to, the danger of accused misusing the concession of bail and of course the social impact are some of the factors that deny any concession," observed the court.
"The accusation against the petitioner is gravest and carries severe punishment.
It is not a case of "no evidence".
There is a lot of evidence on record but the constraint with the court is that the same cannot be appreciated at this stage as that may prejudice prosecution or defence." With these observations court dismissed the bail application filed by the accused.
Earlier, counsel of the accused submitted before the court that except the investigating officers all the witnesses have been examined and hence question of influencing remaining witnesses doesn't arise.
However, Special Public Prosecutor resisted the bail application on the ground that delay in concluding the trial can only be attributed to the petitioner and his co-accused because their advocates were not available.
He further submitted that in the meantime witnesses got transferred to different places and the evidence has almost been concluded except the investigating officers and the court is in the process of recording their statements also.
