Principal Sessions Judge Kathua Vinod Chatterji Koul rejected the bail application of Shamim Akhter, age 40 years, W/O Mohd Din R/O Village Chalog, Tehsil Bani, District Kathua who was allegedly involved in throwing acid on her husband.
According to the police case that petitioner is involved in FIR No. 35/2016 for offences punishable U/Ss 341/326-A/34 RPC registered with Police Station, Bani. As per the report, she has thrown acid upon her husband with which he has suffered serious injuries. The investigation of the case is at its initial stage. Petitioner is absconding after the commission of offence and her custodial interrogation is required for the purpose of investigation.
Court after hearing both the sides observed that Section 497-C (3) of CrPC that provision of bail under Section 497-A CrPC is not available to the person accused of offences mentioned in Section 497-C (1) of CrPC. Offence punishable under Section 326-A RPC falls within the such mischief, as such, application under Section 497-A CrPC is not maintainable. Therefore, in view of the bar created by Section 497-C (3) CrPC, this application is held to be not maintainable and is, accordingly, rejected. JNF