Point of Law- Absconding accused – Grant of bail justified - real question is whether there are reasonable grounds for believing that a person is guilty of offence, depends upon what evidence is offered by the prosecution to prove the charge against him.

JUDGMENT :

1. Order dated 31.10.2018, passed by learned Sessions Judge, Poonch (for short “Trial Court”) granting bail in favour of respondent no.4 in a case titled State vs. Razia Begum, who alongwith others, who is facing trial under Sections 302/307/147/148/447/325/323 RPC in FIR No.14/2011, has been challenged in this Revision Petition filed under Section 561-A of the Code of Criminal Procedure (of erstwhile J&K Cr.P.C.), precisely on the ground that the said respondent has committed serious offences and she absconded herself during the trial of the case for which proceedings under Section 512 Cr PC have been initiated against her and after having absconded she made a dramatic appearance by surrendering before the Court on 13.10.2007 and the entire prosecution evidence stand recorded. She after having surrendered before the court filed application for grant of bail and the Trial Court, while acting in a casual manner and without giving proper reason, admitted her to bail by invoking the provisions of jurisdiction under Section 497 and 498 Cr.P.C.

2. According to the learned counsel for the petitioner, miscarriage of justice has been caused by admitting accused/respondent no.4 to bail and the jurisdiction exercised by the Trial Court is neither fair nor proper. A descending order is stated to have been passed by the Trial Court without having considered the gravity of offences and charge for which she was facing trial. The said respondent is said to have denied the arrest for long six year and after the prosecution evidence was over, she surrendered before the court and the Trial Court admitted her to bail without there being any sufficient reason warranting the Trial Court to grant her bail in the case.

3. Heard learned counsel appearing for the petitioner as well as counsel for the State and perused the record on the file.

4. Razia Begum alongwith other accused were booked in case FIR No.14 of 2011 for commission of offences punishable under Sections 302, 307, 147, 148, 447, 325, 323RPC.

5. The investigation of the case culminated against the accused including respondent Razia Begum. As per the record, Razia Begum could not be arrested and, accordingly, proceedings under Section 512 Cr.P.C. were initiated against her. The Trial Court proceeded with the trial of the case and the evidence of all accused had been examined including the material placed on record and the case is at final stage.

6. According to petitioner, evidence had already been completed and after recording prosecution evidence against accused, proceedings under Section 512 Cr. PC had been initiated. She surrendered before the Court on 13.01.2017 and thereafter made an application for bail.

Learned Sessions Judge, Poonch after having considered the record on file observed that the witnesses examined in the case have not stated anything against her and observed that the trial court admitted her to bail vide order dated 31.10.2018. Respondent no.4 is on bail since then. It is stated by the learned counsel that the case has not been finally disposed of.

7. In the above background, it may be mentioned here that Section 497 of Cr.PC (erstwhile State of J&K) provides that the bail may be taken in case of non-bailable offences. It reads as under:

1. “When any person accused of or suspected of the commission of any non-bailable offence is arrested or detained without warrant by an officer-in-charge of a police station, or appears or is brought before a Court, he may be released on bail, but he shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life:

Provided that the Court may direct that any person under the age of sixteen years of any woman or any sick or infirm person accused of such an offence be released on bail.

Provided further that the mere fact that an accused person may be required for being identified by witnesses during investigation shall not be sufficient groun