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SANJAY DHAR
Farameena Jan – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
Sanjay Dhar, J.-By this common order, revision petition filed against order dated 24.01.2021, passed by learned Principal Sessions Judge, Anantnag, whereby the petitioners have been charged for offences under Section 147, 341, 447, 307, 302 and 120-B IPC, and the application for grant of bail to the petitioners are proposed to be disposed of.
2. Before coming to the grounds urged by the petitioners in the above two petitions, it would be apt to notice the case projected by the prosecution in the charge sheet.
3. On 09.07.2020, a written report was lodged by the complainant before Police Station, Kokernag, alleging therein that he along with his son, Zakir Hussain, were working in their fields situated near Dawoodia Public School, Gohan Vailoo. In the meanwhile, the petitioners including the co-accused came over there and they trespassed into the land of the complainant. It was alleged that the land of the accused party is also situated adjacent to the land of the complainant party. The accused are alleged to have given a beating to Zakir Hussain and in the meantime another son of the complainant, namely, Ishfaq Ahmad Sheikh tried to intervene but he was caught by the acc
The gravity and seriousness of the offence are crucial factors in deciding bail applications.
: Bail should not be granted in murder cases in normal course.
(1) Bail – Object of bail is neither punitive nor preventative – Deprivation of liberty must be considered a punishment, unless it is required to ensure that accused person will stand his trial when ....
A subsequent bail application can only be considered if there is a material change in circumstances; absence of such change upholds previous bail rejections.
The severity of the charges and the prima facie satisfaction of the court in support of the charge are crucial in deciding bail applications in serious offences.
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