Research › Search › Judgment

J&K High Court · body

2012 DIGILAW 677 (JK)

Abdul Gaffar v. State

2012-10-18

MANSOOR AHMAD MIR

body2012
Petitioner has laid this motion in terms of Section 498 of Code of Criminal Procedure (for short, Cr.P.C.) for grant of bail in FIR No.131/2009 registered at Police Station, Bari Brahmana, Jammu, under Sections 376, 306, 201 and 170 of Ranbir Penal Code (for short, RPC) on the grounds, summarized as under: 2. It is averred that the petitioner-accused is innocent and has been wrongly involved in a false and frivolous case; that he is in custody since 05.08.2011 and is undergoing trial and has not given slip to the law in any way; that the witnesses examined have not supported the case of prosecution and there is a prima facie case in his favour. 3. The trial court after considering the application of petitioner for grant of bail, rejected the same vide order dated 27.02.2012, constrained the petitioner to lay the instant motion. 4. Learned counsel for petitioner seriously argued that the witnesses examined by the trial court have not supported the case of prosecution and petitioner is entitled to be released on bail. Further argued that the material collected during investigation and the evidence led do not connect him with the commission of crime in any way. 5. It is a fact that this petition is on the Board of this Court for the last seven months. It appears that during the pendency of bail application the trial court recorded the statements of witnesses, which is a change of circumstance. Statement of one witness was recorded on 04.07.2012 and the other on 24.07.2012. 6. In the given circumstances, I deem it proper to transfer this application to the trial court, i.e., the Court of Sessions, Samba, with a direction to decide the same within one month from today while keeping in view the averments contained in the application-in-hand read with the change of circumstance. It is so ordered. Trial court/transferee court to decide the application without getting influenced by order dated 27.02.2012 or by any of the observation, if any, made in this order, with a direction to conclude the trial as early as possible, preferably within six months. 7. Parties to appear before the trial court on 25.10.2012. 8. Registry to forthwith send down the file along with record as well as a copy of this order. 9. Disposed of as indicated above.