Mohd Irfan
A Local court of Chief Judicial Magistrate Rajouri rejected the bail application of the accused persons for their involvement in setting ablaze the complainant house resultant there in loss of property of the complainant worth lacs of rupees and also in the fire cattle got perished.
Court of Learned Chief Judicial Magistrate Rajouri after hearing Counsel for the accused persons and Ld APP Mohd Sayeed Khan gave its observation that the present case is one of its own in this district. where the marriage proposal of the complainant’s daughter was being settled with the accused. But later on, the complainant’s daughter was solemnized with some other person instead of the member from the family of the accused. It is also come to the notice of the court that both the complainant and the accused person are in relation with each other.
“Accused persons are evading their arrest certainly gives the inference to this that they are reasonable connected with the commission of the offense, the court said adding, and it is because of this reason that they are evading their arrest. On one hand they razed to the ground the house of the complainant and on the other surrendered before this court with this expectation that the court will consider their bail motion.
Counsel for the accused persons vehemently submitted that the applicants/accused persons have not committed the offence rather they are law abiding citizens and police has booked them in false and frivolous case as such they be enlarged on bail. He further submitted that the accused persons would abide by the all the terms and conditions imposed by the court while granting the accused persons on bail. In rebuttal Ld APP Mohd Sayeed vehemently opposed the bail application of the accused persons that they are involved in the Non bailable heinous offences under section 436/506 IPC which carries cumulative punishment upto life imprisonment. He vociferously argued that this Magisterial court lacks jurisdiction to entertain this bail application as the offence present in nature exclusively tried by the court of session and the said court is only competent to entertain the bail application of the accused persons who are not in custody since the date of the commission of the offences. Accused persons are involved are involved in FIR no 53/ 2022 under offences U/S 436,506,429 IPC. After considering the rival submissions of the both the sides, court of CJM Rajouri rejected the bail application of the accused persons on merits with a observation that the interest of the society at large is involved along with reasonable ground to believe that the accused persons had committed the offence.
