1. Petitioner has invoked the jurisdiction of this Court for grant of bail in FIR No. 182/2012, Police Station, Satwari, Jammu, in terms of Section 498 of the Code of Criminal Procedure (for short Cr. P. C.), on the grounds taken therein. 2. It appears that a report was made before Police Station, Satwari, for com mission of offences punishable under sections 306 and 498-A of the Ranbir Penal Code, for short RPC, on which an FIR No. 182/2012 came to be registered, which set the police in motion. After conducting the investigations, challan was presented before the competent Court of jurisdiction under Sections aforementioned. From perusal of the record, it transpires that the petitioner had laid a motion for bail before the learned Chief Judicial Magistrate, Jammu, which came to be rejected vide order dated 24.09.2012. Thereafter, the petitioner had laid another motion, for the same relief, before the learned Additional Sessions Judge, Jammu, on 08.11.2012, which met the same fate on 29.11.2012, constraining the petitioner-accused to lay the instant motion for bail before this Court. 3. From perusal of the orders passed by the Courts below on the previous bail applications moved by the petitioner, referred to hereinabove, it transpires that the bail was rejected on the ground that the nature of accusation is very grave being against the society, especially against the women folk. It was also recorded in the orders rejecting the bail that the accused may tamper with the prosecution witnesses which would affect the trial. 4. Respondent has filed the objections and it is stated therein that the accused stands charge sheeted; the witnesses are being examined and case for grant of bail cannot be considered at this stage, for the reason that sufficient material stands collected by the investigating agency, and, prima facie, factum of the involvement of petitioner in the commission of grave and heinous offence is made out inasmuch as the victim was none other than his own wife. Such acts disrupt the entire social fabric of the society. It is also averred in the objections that if the petitioner is enlarged on bail, it would, instead of serving, definitely injure the public interest at large. 5.
Such acts disrupt the entire social fabric of the society. It is also averred in the objections that if the petitioner is enlarged on bail, it would, instead of serving, definitely injure the public interest at large. 5. In the depicted background, it becomes imperative to have assistance from the law of the land, therefore, it would be appropriate to refer to the judgement of the apex Court delivered in case Kumari Suman Pandey v. State of Uttar Pradesh & anr. (2007 AIR SCW 1399), where in paragraph 10 the Hon'ble apex Court has been pleased to observe and hold as under: "...Detailed examination of the evidence and elaborate documentation of the merits of the case is to be avoided by the Court while passing orders on bail applications, yet a court dealing with the bail application should be satisfied as to whether there is a prima facie case, but exhaustive exploration of the merits of the case is not necessary. The court dealing with the application for bail is required to exercise its discretion in a judicious manner and not as a matter of course." 6. I have gone through the averments made in the bail application and have heard learned counsel for the parties at length. I am of the considered view that it would not be proper to grant bail to the petitioner at this stage. However, in the interests of justice, this application is transferred to the trial Court, which shall decide the same within four weeks, and while making an order, the trial Court, in order to arrive at a prima facie satisfaction, shall take into consideration the evidence recorded and the law governing the field. 7. It is also provided that the trial Court shall take the trial to its logical end, as expeditiously as possible; preferably within six months commencing the date copy of this order is made available to it. 8. Registry shall communicate this order to the trial Court in its entirety.