HIGH COURT OF JAMMU AND KASHMIR
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(1.) PETITIONERS , Abdul Rashid, Mohd Sadiq alias Sadiq, Mohd Hanif,
Ghulani Mohd and Mohd Bhuttu, who figure as accused in a session case
titled as Gulshan Kumar and others Vs State for offences under Sections
148, 149, 341/302 -RPC pending decision before Additional Sessions Judge Reasi, have, through the medium of the petition in hand sought the
indulgence of the court for releasing them on bail. It is inter alia
maintained in the petition that the accused Gulshan Kumar, Harbans Lal
and Mohd Lateef have been released on bail by the trial court; that the
alleged occurrence took place on 26.8.1998 and since then the accused are
languishing in the jail; that the eye witnesses have been examined in the
case and they have not deposed anything incriminating against them; that
with respect to the occurrence in question two FIRS have been filed by
one Noor Bibi, the mother of the deceased and that speedy trial of the
accused is a facet of the fundamental rights of life and liberty of the
citizens under Art. 21 of the constitution of India.
(2.) ON 20.12.2001 notice of the petition was given to the respondent -State through Sr.AAG for filing objections but despite various
opportunities granted in this behalf the Govt. Advocate has not filed
objections nor has he, despite direction of this court, furnished any
information with regard to the latest stage of the case.
Heard learned counsel for the parties, and have perused the order
recorded by the learned trial court dated 20.9.2001 whereby the accused
namely Gulshan Kumar, Harbans Lal and Mohd Lateef came to be released on
bail. This order is annexure 'A' to this petition.
(3.) THE accusations set -forth against the petitioners and other accused in the case are that on 26.8.1998 the accused persons committed
the murder of one Abdul Rashid, after they intercepted the matador
bearing registration No.2285/ JKU at 'Mari Nallah' and assaulted him and
inflicted injuries on his person with drat, axe and tokas, when accused
Ghulam Mohd held the deceased at gun point.
The co -accused in the case namely, Gulshan Kumar, Harbans Lal and Mohd Lateef have been released on bail by the Trial Court. Accused
persons have pleaded not guilty to the charge framed against them on
21.11.1998, necessitating the examination of prosecution witnesses and accordingly trial court phased out the case to as many as more than 40
times during the span of more than three years to record the prosecution
evidence. It appears that so far prosecution has examined 16 witnesses
out of the listed 27 witnesses and now the case is pending for recording
the evidence of other 11 witnesses.;
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