Jammu & Kashmir High Court
Raj Kumari And Another vs U. T. Of J&K And Others on 13 July, 2021
Author: Rajnesh Oswal
Bench: Rajnesh Oswal
Sr. No. 263
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
CRM (M) No. 419/2020
Raj Kumari and another .....Appellant/Petitioner(s)
Through :- Ms. Surinder Kour, Sr. Advocate with
Ms. Manpreet Kour, Advocate
U. T. of J&K and others .....Respondent(s)
Through :- Mr. G. S. Thakur, Advocate for No. 3
Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
ORDER
The present petition has been filed by the petitioners against the order dated 25.11.2020 passed by the learned Sessions Judge, Jammu by virtue of which the bail granted to the petitioners by the learned Munsiff, Bishnah in FIR bearing No. 137/2020 dated 20.08.2020 for commission of offences under sections 306, 498-A and 34 IPC read with section 109 IPC was cancelled.
Without joining issues with the learned counsel for the complainant, respondent No. 3 herein, learned senior counsel appearing for the petitioners has very fairly stated that the order passed by the learned Sessions Judge dated 25.11.2020 (supra) shall come in the way of the petitioners while arguing on charge/discharge.
In view of the above, the present petition is disposed of with a direction to the petitioners to raise all pleas available to them including the non-applicability of section 304-B IPC before the learned trial court and the 2 CRM(M) No. 419/2020 order dated 25.11.2020 (supra) shall not come in the way of the learned trial court to pass any order if the circumstances so warranted.
This petition is disposed of accordingly.
(Rajnesh Oswal) Judge JAMMU 13.07.2021 Rakesh Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No