MOKSHA KHAJURIA KAZMI
Nawaz Ahmad Sheikh – Appellant
Versus
Union Territory of J&K – Respondent
JUDGEMENT
1. This is an application with a prayer for release of applicant- accused, presently facing trial before Principal Sessions Judge Shopian, for short trial court, in case FIR No. 55 of 2021 u/s 363, 376 IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), on bail, on the grounds that he has already suffered incarceration for about 2 years and 6 months even though falsely implicated in the aforesaid case.
2. Per contra in the objections filed by the respondents the bail plea has been opposed on the count that applicant/accused is involved in a serious offence and the bail petition presented by him before the trial court has already been dismissed. During course of arguments, learned counsel have reiterated the contents of petition and memo of objections.
3. I have heard learned counsel and considered the matter. It appears that on 26th May, 2021 a complaint was received by the Police Station Haipora, Shopian from complainant Abdul Hamid Sheikh to the effect that his daughter aged 16 years was not available at home when he returned from his orchards and during the process of searches he came to know that she has been kidnapped by the accus
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Bail is the rule and jail is the exception; denial of bail must be justified by exceptional circumstances.
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....
The right to speedy trial under Article 21 can justify bail due to inordinate delays, despite the serious nature of criminal charges.
Bail is a rule and imprisonment an exception, grounded in the presumption of innocence and the right to life and liberty under Article 21.
Prolonged pre-trial detention violates the fundamental right to a speedy trial under Article 21, necessitating bail for the accused.
Bail is the rule and committal to jail is an exception, and refusal of bail is a restriction on the personal liberty guaranteed under Article 21 of the Constitution of India.
Point of Law : POCSO Act – Kidnapping and Rape – Grant Bail – Accused and victim have Prior acquaintance and love.
Bail applications in serious offences require substantial change in circumstances since prior rejections, considering the nature of accusations and risk factors.
Bail is a rule, not a punishment; presumption of innocence must be upheld unless guilt is proven beyond a reasonable doubt.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged incarceration without trial is impermissible.
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