Court grants interim bail to accused & directs SSP to take action against IO

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Jammu Tawi, April 27
In a much publicized case in which alleged poisonous substance was served to MLA Kathua Rajiv Jasrotia, today 2nd Additional Munsiff Jammu Madhu Sharma after hearing Advocates Aman Mahajan and Azhar Usman Khan granted interim bail to Makhan Lal who was arrested in this case.
While granting bail, 2nd Additional Munsiff Jammu Madhu Sharma observed that the report submitted by the police concerned reveals that aforesaid accused has been arrested since April 18, 2017 in a case FIR No. 49/2017 U/S 328/ RPC. The facts of the case in brief are that the complainant on April 15, 2017 lodged a written report at P/s Channi Himmat alleging therein that the accused has mixed some poisonous substance into the water bottle and offered the same to complainant for drinking purposes. As a consequence MLA became unconscious and shifted Government Hospital Gandhi Nagar, Jammu for treatment.
Prosecution opposed the application inter alia on the ground that offence committed by the accused is heinous, anti social and non bailable in nature and investigation of the case is at preliminary stage and there is every apprehension that the accused will hamper the investigation, tamper with the prosecution evidence. The FSL report is yet to be obtained as such in case the accused is admitted on bail it will cause prejudice to the investigating agency and prayed for dismissal of the application. Heard the argument and perused the record.
Court after perusal of the CD file reveals the accused is in police custody since 17-04-2017 but as per the police report he was taken into custody in the evening of 18-04-2017 which is contradictory to the contents of CD file which shows grave negligence on the part of investigation officer in performing their duties and submitting reports in the court in such a casual manner. SSP concerned is required to take strict action against such investigation officers who are performing their duties in such a negligent manner. JNF

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