Court rejects bail in murder case

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JAMMU: First Additional Sessions Judge Jammu, YP Kotwal has rejected the bail application of one Gagandeep Singh who is facing trial in murder over land dispute.
The Court after hearing APP Ajay Singh Jamwal observed that Prosecution case against the accused having land dispute with the complainant party as she would claim her right over land comprised under Khasra No:365 (07 kanal and 15 marla) and Khasra No: 373 ( 8 Kanals 10 marlas). On 27/05/2014 accused Surinder Kour alongwith accused, Gurbaksh Singh, Amrjeet Singh ,Gagandeep Singh with criminal intention to forcibly take possession of land measuring 8 kanal 10 Marla comprised under Khasra No 373 situated at Ratyia armed with swords and sticks came at the place of occurrence on Motor cycles bearing No JK 02 JV -3469, JK 02 AJ 6581 and Alto Car bearing No JK 02 AG 2279 along with Tractor bearing No: JK02T-3394 and tried to forcibly plough the land with Tractor. At about 8.45 /9 PM Joginder Singh, Mohinder Singh, Tasveer, Singh, Balvinder Kour, Mohinder Kour, Surjeret Kour and Harjeer Kour came on spot and asked accused Surinder Kour as to why they were ploughing the said land, upon which the accused Surinder Kour, Amarjeet Singh, Gurbaksh Singh and Gagandeep Singh with criminal intention to kill Joginder Singh, caught hold him from his hair and arms and accused Charanjeet Singh and Sarabjeet Singh repeatedly hit the deceased Joginder Singh on his chest and belly with Kirch (Knife), resultantly, he was seriously injured, when Mohinder Singh and Tasveer Singh went to save the deceased from the clutches of the accused they were also attacked by Amarjeet Singh with the Drath, Gurbaksh Singh with Toka , Gagandeep Sing and Surinder Kour with sticks, Charan Jeet Singh and Sarabjeet Singh with Kirch, resulting in serious injuries to Mohinder Singh and Tasveer Singh. Upon hue and cry PWs Balvinder Kour, Harjeet Kour, Surjeet Kour and Mohinder Kour etc came on the spot and on seeing them all the accused fled away from the spot on their 5 Motor cycles and car. The deceased Joginder Singh, who was seriously injured succumbed to injuries and accordingly after the investigation offenses u/s 302/307/ 148/149/447/201 RPC and 4/25 Arms Act have made out against the accused.
The Court further observed that Apex Court has held that mere long period of incarceration in Jail would not be per se illegal, if the accused has committed offence, he has to remain behind bars, such detention in jail even as an under trial prisoner would not be violative of Article 21 of the constitution. In these circumstances the applicant/ accused has failed to make out a case for grant of bail. Hence, this application deserves dismissal and is accordingly dismissed