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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT SRINAGAR
JAVED IQBAL WANI, J.
Zahoor Ahmad Bhat – Petitioner
Versus
UT of JK and Others – Respondents
Bail Application No. 45 of 2021
Decided On : 02-03-2022
BAIL - Criminal Law - Section 302, 34, 201 RPC - The court discussed the principles of bail and the factors to be considered before granting bail. It emphasized the nature of the accusation, severity of punishment, nature of supporting evidence, and reasonable apprehension of tampering with the witness or threat to the complainant. The court also highlighted the duty of the court to be guided by the established parameters of law in considering bail applications.
Fact of the Case:
The petitioner sought bail after being charged under Section 302, 34, 201 RPC for his alleged involvement in a case where a person was beaten ruthlessly and left in a critical condition, ultimately leading to his death. The prosecution listed 36 witnesses, and charges were framed against the petitioner and other accused persons.
Finding of the Court:
The court found that, at this stage, there was prima facie evidence suggesting the accused's connection with the commission of offenses. It emphasized the settled principles of bail, including the nature of the accusation, severity of punishment, and reasonable apprehension of tampering with the witness or threat to the complainant. The court dismissed the bail application, stating that the petitioner was not entitled to bail at this stage.
Issues: The issues involved the petitioner's eligibility for bail based on the evidence presented and the settled principles of bail as established by the Apex Court.
Ratio Decidendi: The court's decision was based on the prima facie evidence suggesting the accused's connection with the offenses, as well as the principles of bail, including the nature of the accusation, severity of punishment, and reasonable apprehension of tampering with the witness or threat to the complainant.
Final Decision: The bail application was dismissed, and it was clarified that the decision did not express any opinion about the guilt or innocence of the petitioner, as it would be decided by the Trial court on its own merits.
JUDGMENT :
JAVED IQBAL WANI, J.
1. The petitioner is facing trial in the court of Principal Sessions Judge, Anantnag (for short” Trial Court”) and has moved the instant application for grant of bail after having being charged on 02.03.2020 under Section 302, 34, 201 RPC along with other accused persons. The instant application for bail is filed as a second attempt after an unsuccessful attempt was made by the petitioner herein before the Trial Court upon moving a bail application on 08.03.2021 having been dismissed on 09.04.2021.
2. The background facts upon which prosecution case has been set up is that on 10.10.2019, some unknown auto driver dropped one Mohammad Akram Sheikh S/o Gh. Hassan Sheikh R/o Assus, Telwani at his home in a critical condition and whereafter, he was shifted to District Hospital, Anantnag and then to SKIMS, Soura, Srinagar for treatment where he breathed his last and that the said Mohammad Akram Sheikh had been beaten ruthlessly by unknown persons at some unknown place with intention to kill him and thereafter left him on the way in a critical condition and on receipt of this information case FIR No. 58/2019 under Section 302 RPC was registered in police Station, Achabal and investigation set into motion and during the course of investigation statement of witnesses was recorded and that the statement of injured could not be recorded on account of his being in unconscious state of mind and that during the course of investigation it got revealed that the deceased have had illicit affairs with one Mst. Ishrat Jan wife of Bilal Ahmad Bhat R/o Lalipora, Kulgam and that the deceased and the said lady had gone to the house of one Attiqa Begum in village Sucjh, Kulgam, where they came to be spotted by the husband of the lady namely Bilal Ahmad Bhat and that thereafter the trio went to the parental home of Ishrat Jan and Bilal Ahmad Bhat accused took the deceased in a paddy field of lalipora, Mir Bazar, where accused Bilal Ahmad Bhat, Abdul Salam Bhat and Zahoor Ahmad Bhat beat the deceased mercilessly with the aim and intention to kill him for having illicit relations with the wife of main accused Bilal Ahmad Bhat, but fearing his death the accused took the deceased in an auto rikshaw and dropped him at his residence at Asho, Tilwara and that from the evidence collected during the course of investigation offences under Section 364, 302, 34, 201 RPC were prima facie established against the accused persons and consequently a challan came to be filed before the court of law. Charges have been framed against the petitioner/accused with the other accused persons on 02.03.2020 for commission of offences under Section 302, 34, 201 RPC and that the prosecution has listed 36 witnesses and out of which 03 witnesses have appeared in the witness box before the Trial Court.
3. The petitioner seeks bail in the instant application on the premises that going by the statements of the witnesses examined so far, nothing incriminating has been said against the petitioner/accused and that there is a prima facie case in favour of the petitioner for grant of bail in view of the statement of the witnesses recorded under Section 164-A and that the witnesses so far recorded before the court below clearly create doubt in the prosecution story, thus entitle the petitioner to the bail and that pre-trial conviction is grave and the petitioner/accused is presumed to be innocent unless held guilty and that in the event bail is granted to the petitioner, he shall abide by the conditions those may be imposed by the court.
4. Per contra, respondents have filed objections to the bail application, and therein the bail application is being resisted and opposed inter-alia on the grounds that the trial is at its infancy stage and that admitting the petitioner/accused to bail would cause grave prejudice as there are reasonable grounds and evidence for believing that the accused/petitioner has committed heinous offence and that in the event bail is granted
The presumption of innocence, the discretion of granting bail, and the need for a humane approach in bail decisions were central legal principles established in the judgment.
(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 ....
The severity of the accusations, legal provisions, and judgments referenced influenced the court's decision to dismiss the bail application.
The main legal point established in the judgment is that the presumption of innocence, grant of bail as a general rule, and deprivation of personal liberty must be considered as punishment. The court....
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
The gravity and seriousness of the offence are crucial factors in deciding bail applications.
Anticipatory bail is an extraordinary remedy that must be justified by circumstances, balancing the rights of the accused against the interests of justice and effective investigation.
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