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SANJAY DHAR
Arif Bashir Wani – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
Bail App No. 68/2023
1. The petitioner, who is facing trial in a case arising out of FIR No.16/2022 for offences under Section 147, 149 and 304 of IPC registered with Police Station, Behibagh Kulgam before the Court of Principal Sessions Judge, Kulgam, has moved the instant application for grant of bail.
2. It is contended in the petition that statements of most of the prosecution witnesses have been recorded by the trial court but they have not supported the prosecution version and in spite of this, when the petitioner approached the Court of Principal Sessions Judge, Kulgam, for grant of bail, the same was rejected by the said Court vide order dated 17.05.2023. It has been submitted that out of 19 witnesses cited in the challan, 09 witnesses are eye witnesses, out of whom 08 witnesses have already been examined by the trial court. It has been further submitted that even as per the report of the FSL, no poison was detected in the viscera of the deceased and, therefore, the story of the prosecution that the deceased had died because the petitioner had sprinkled pesticides in his mouth has proved to be false. It has been submitted that the witnesses who are yet to be examine
The court ruled that the petitioner established reasonable grounds for bail due to insufficient evidence implicating him in the alleged crime.
The legal position relating to grant of bail in heinous offences like murder was emphasized, highlighting the need for prima facie reasonable grounds to believe that the accused had committed the off....
The severity of the charge of murder and the legal principles for granting bail in such cases were central to the court's decision.
The court emphasized that bail should be granted when there is insufficient evidence to suggest tampering or flight risk, particularly when continued detention amounts to punishment without trial.
The court emphasized that bail should not be granted if there is a strong likelihood of witness tampering and the accused is charged with a serious offence.
The court emphasized that the accused should not be detained by way of punishment, and refusing bail would amount to punishing the accused without trial. The right to liberty and a speedy trial are f....
The court emphasized that the material witnesses turning hostile and the lack of prima facie material warranted the grant of bail to the accused in a murder case.
Grant of Bail - Trial is in progress and if such findings are allowed to stand it would seriously prejudice the prosecution case. At the stage of granting of bail, the court can only go into the ques....
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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