Srinagar- Chief Judicial Magistrate Budgam on Saturday rejected as “meritless” a bail application by two persons accused of knife attack on a man in the central Kashmir district on August 1.
While rejecting the bail plea of the accused—Fida Hussain Bhat and Mudasir Ahmad Bhat, both residents of Zabber Mohallah, the CJM, Noor Mohammad Mir, said that the duo was involved in “serious, heinous and nonbailable offences and they do not deserve the concession of bail.”
“The investigation of the case is at the beginning and there is every likelihood that the accused may dissuade the prosecution witnesses from disclosing true facts before the investigating agency,” the court said, adding, “There is every apprehension that if the accused are admitted on bail at this stage, they would attempt to influence the process of investigation.”
Keeping into consideration the “gravity and seriousness of offence along with the injuries suffered by the victim”, the court said that the act committed by the accused has “caused hurt to the person”.
The court observed that punishment prescribed for the offence is life imprisonment and therefore rejected the applications for bail “being meritless”.
Earlier, police in its report said that a complaint was received by it from one person, alleging therein that these accused persons along with another person attacked his brother with sharp edged knife sdue to which he sustained injuries in neck, abdominal and arm. Subsequently, police said, a case (FIR 209/2023) was registered for the commission of offences under section 34,307/IPC.
The prosecution also submitted that offence under section 307 IPC was “heinous” and carries punishment for imprisonment to life, as such there is a bar created by the Section 437 Cr.P.C itself on the discretionary jurisdiction of the courts vis-à-vis enlarging the accused on bail.
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