HC directs expeditious trial in double murder case

Jammu, Apr 12: Justice Bashir Ahmed Kirmani of Jammu and Kashmir High Court Jammu wing in a significant order the trial Court to conclude trial (double murder case of JDA Complex) and passed appropriate orders under law as far as practicable within a period of two months. This order has been passed in a bail application filed Balwan Singh one of the accused involved in double murder at JDA Complex through Advocate M.A Goni on the ground that the applicant is not the principal accused and has been suffering incarceration continuously for around 8 years, despite conclusion of trial proceedings. During the arguments the advocate appearing for the accused submitted that even evidence recorded does not implicate in any such offence as would justify his continuing. Justice BA Kirmani after perusal of the matter reveals that the bail application has arisen in a double murder case where petitioner has been charged u/s 302 RPC and the Trial is complete, instead of considering bail at this stage, it would be advisable to ask for speedy conclusion of the trial particularly because consideration of the bail plea on the grounds mentioned, would automatically involve an appreciation of evidence recorded by the Trial Court, which in the final analysis, may not be advisable. “However, the trial also cannot be left to the vagaries of procedures, which calls for an appropriate direction its speedy conclusion,” the Court said. The Court disposed of the bail application of the accused with the direction to trail Judge that he would conclude trial within a period of 2 months, should that not happened due to any reason whatsoever, the petitioner would be at liberty to re-agitate his bail application. JNF
SUNDAY, APRIL 13, 2008
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