Court Cannot Appreciate Evidence While Deciding Bail Application: Jammu & Kashmir High Court

A Single Bench of Justice Puneet Gupta observed,

"The court has been called upon to assess and appreciate the different angles of the prosecution case set up against the accused as is evident from the arguments that have been raised on behalf of the accused. The court is not to record any sort of finding on the arguments raised by the learned counsel for the applicant-accused which are based on the factual as well as legal aspects of the case."

The Judge concurred with the submission made on behalf of the State by AGA Aseem Sawhney that the court cannot appreciate the evidence that has been collected by the prosecution against the accused while deciding the bail application.

In the bail plea, Senior Advocate KS Johal had argued that the no case is made out against the accused from the material collected by the prosecution. He submitted that there is no eye witness of the occurrence and the case is based upon the circumstantial evidence.

Johal further submitted that recovery of certain articles on alleged disclosure statement made by the accused, the theft alleged to have been committed by the accused, medical report stating death of the victim because of asphyxia sustained in manual strangulation and the time recorded in the post mortem report regarding of death of the victim— do not connect the accused with the commission of offence.

Opposing this, Sawhney had argued,

"the points raised on behalf of the accused cannot be finally considered and commented upon in the bail application as the same are matter of trial. The court is not required to thrash the evidence that has been gathered during the course of investigation by the police as it is for the trial court to appreciate the same."

Finding merit in this submission, the Court said it cannot record any observation with respect to the arguments raised by the accused. It further said, "The gravity of offence, evidence gathered by the police agency and the stage of the case do not entitle the applicant to bail in the present application."

The accused had also urged before the court that as the trial could not proceed due to COVID-19 pandemic and the challan is pending disposal for the last more than eight months, he should be bailed out.

Refusing indulgence, the Court said, "The extraordinary situation happening due to pandemic cannot be a ground to grant bail to the accused in the case which is otherwise at its initial stage."

Case Title: Amrit Pal Singh v. Union Territory of J&K & Anr.

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