Jammu: Jammu and Kashmir High Court has granted bail to a man who was convicted by a trial court more than ten years ago for murdering a resident of New Delhi in a hotel at Katra in Reasi district of Jammu.
Romesh Thakur, who was convicted by Sessions judge Reasi for murdering by strangulation one Hira Singh, the resident of Delhi, after administering him Alprax tablets with liquor, had sought bail, mainly on the ground that he has been falsely implicated the case.
After registration of FIR, inquest proceedings into the matter was initiated, statements of the witnesses were recorded and Thakur was arrested on 10 December 2005. The charge sheet was presented before the Sessions Judge Reasi on 06 February 2006. Subsequently, charge was framed against him along with Hira’s wife for the commission of the offence. The trial Court after recording/examining the evidence, acquitted Hira’s wife and held the Thakur guilty for commission of offence under Section 302 RPC and convicted him accordingly.
Against the order of conviction, he has preferred the appeal and the same was pending before the high Court, he counsel told a division bench of Justices Tashi Rabstan and Justice Sanjay Kumar Gupta during the hearing of the bail plea. He submitted that the order of conviction was passed without appreciating the evidence in its right perspective because as the prosecution version both the accused have contributed in commission of the offence punishable under Section 302 RPC but only Thakur was convicted that too by taking into account the circumstantial evidence only.
The counsel stated that Thakur was behind the bars for more than ten years and his entire family was facing a lot of difficulties in all walks of life as he is the only male bread earner in the family. He also submitted that the appeal filed by Thakur would not be finally considered by the high court in near future in view of the heavy pendency of such like cases.
He also submitted that the Supreme Court as well as the High Court of Jammu and Kashmir in various judgments have granted the concession of bail in favour of the under trial and convicts suffering sentence of imprisonment pending appeal and also in view of their languishing in the jail for a number of years exceeding the “half of the maximum punishment attached to the offence.”
“In view of the proposition of law laid down by the Supreme Court as well as the Division Bench of this Court and taking into account the fact that (Thakur) is in jail for the past about 10 years and there is no likelihood of appeal being heard in near future, as the appeals of are being heard, we deem it appropriate to enlarge (him) on bail,” the division of Justices Rabstan and Kumar said and ordered his release on bail subject to the conditions that he shall furnish personal bond in the amount of Rs.100,000 with two sureties of like amount to the satisfaction of Registrar Judicial of the court. He has been also asked not to leave the State without permission of the court. Lastly, he to undertake that he shall appear before the court on each and every date of hearing
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