WASEEM AKRAM vs U.T. OF JAMMU AND KASHMIR - 2024-01-11

O R D E R

SLP (Crl.) No.14073/2023 has been filed by the accused persons who have been denied anticipatory bail while SLP (Crl.) No.14964/2023 has been filed by the prosecutrix aggrieved by the anticipatory bail given to the other accused who are husband, father-in-law and mother-in-law.

Heard learned counsel appearing for the parties. The prosecutrix in her statement before the jurisdictional Magistrate under Section 164 of the Cr.P.C. has stated that she was allegedly raped by the petitioner in SLP (Crl.) No.14073/2023.

The I.O. Lalit Sharma, is also present before us.

Learned counsel appearing for the State has produced the translated version of the statement recorded under Section 164 of the Cr.P.C. The I.O. who is present before us has produced the case diary which indicates the examination of another witness who is an official in the hotel in which the alleged occurrence is said to have taken place. Suffice it to state that the petitioner in SLP (Crl.) No.14073/2023 is spoken about by the said witnesses in tune with the statement of the prosecutrix under Section 164 Cr.P.C.

In light of the said allegations which are very serious in nature, we are not inclined to allow SLP

(Crl) No.14073/2023.

However, insofar as SLP (Crl) No.14964/2023 is concerned, as against A1 there is no allegation of offence punishable under Section 376 of the IPC. The other two accused being the father-in-law and mother- in-law had a limited role to play. The High Court under the impugned order has correctly considered the aforesaid aspect while granting anticipatory bail. As we do not find any perversity in the decision made, we are inclined to dismiss the said petition also.

However, we are inclined to grant four weeks’

time to the accused in SLP (Crl.) No.14073/2023 to surrender before the jurisdictional court as and when the bail application is be filed, the same has to be decided on its own merit, without being influenced by the order held in the impugned order or by us.

The Trial Court is also directed to dispose of the bail application within a period of two weeks from date of the its filing.

Needless to state that during the said period of four weeks granted for surrendering, the petitioners in SLP (Crl.) No.14073/2023 are directed to cooperate with the investigation.

The Special Leave Petitions are accordingly dismissed.

Pending application(s),if any, shall stand disposed of.

(KAVITA PAHUJA) (POONAM VAID)

COURT MASTER (SH) COURT MASTER (NSH)

ITEM NO.4 COURT NO.14 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS PETITION(S) FOR SPECIAL LEAVE TO APPEAL (CRL.) NO(S). 14073/2023

(Arising out of impugned final judgment and order dated 29-09-2023 in BA No. 359/2021 passed by the High Court Of Jammu & Kashmir And Ladakh At Jammu)

WASEEM AKRAM & ANR. Petitioner(s)

VERSUS U.T. OF JAMMU AND KASHMIR & ORS. Respondent(s)

(IA No. 224378/2023 - EXEMPTION FROM FILING O.T.)

WITH SLP(Crl) No. 14964/2023 (II-C)

FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 238196/2023, FOR EXEMPTION FROM FILING O.T. ON IA 238198/2023 Date : 11-01-2024 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Mr. Paras Nath Singh, AOR Ms. Deepika Pushkar Nath, Adv.

Mr. Rohin Bhatt, Adv.

Mr. Sadeeq-ur-rahman, Adv.

Mr. Sukumar Pattjoshi, Sr. Adv.

Mr. Purna Chandra Patnaik, AOR Mr. Pravin Kumar Kashyap, Adv.

Mr. Manoj Kumar Dwivedi, Adv.

Mr. Hemant Mishra, Adv.

Mr. Tushar Malhotra, Adv. Mr. Ram Krishna Rao, Adv.

Mr. Saket Jee, Adv.

For Respondent(s) Mr. Paras Nath Singh, AOR Ms. Deepika Pushkar Nath, Adv.

Mr. Rohin Bhatt, Adv.

Mr. Sadeeq-ur-rahman, Adv.

Mr. Parth Awasthi, Adv.

Mr. Pashupathi Nath Razdan, AOR Ms. Maitreyee Jagat Joshi, Adv.

Mr. Astik Gupta, Adv.

Mr. Sukumar Pattjoshi, Sr. Adv.

Mr. Purna Chandra Patnaik, AOR Mr. Pravin Kumar Kashyap, Adv.

Mr. Manoj Kumar Dwivedi, Adv.

Mr. Hemant Mishra, Adv.

Mr. Tushar Malhotra, Adv. Mr. Ram Krishna Rao, Adv.

Mr. Saket Jee, Adv.

UPON hearing the counsel the Court made the following

O R D E R

SLP (Crl.) No.14073/2023 has been filed by the accused persons who have been denied anticipatory bail while SLP (Crl.) No.14964/2023 has been filed by the prosecutrix aggrieved by the anticipatory bail granted to the other accused who are father-in-law and mother- in-law.

Heard learned counsel appearing for the parties. The prosecutrix in her statement given before the Jurisdictional Magistrate under Section 164 Cr.P.C. has stated that she was allegedly raped by the accused arrayed in SLP (Crl.) No.14964/2023.

The Investigating Officer (for short, - I.O.)

Lalit Sharma, is also present before us. Learned counsel appearing for the State has produced the translated version of the statement recorded under Section 164 Cr.P.C. The I.O. who is present before us has produced the case diary which indicates the examination of another witness who is an official in the hotel in which the alleged occurrence is said to have taken place. Suffice it to state that the petitioner in SLP (Crl.) No.14964/2023 is mentioned by the said witnesses in tune with the statement of the prosecutrix under Section 164 Cr.P.C.

In light of the said allegations which are very serious in nature, we are not inclined to allow SLP

(Crl) No.14964/2023.

However, insofar as SLP (Crl) No.14073/2023 is concerned, there is no allegation of offence punishable under Section 376 of the IPC against A-1. The other two accused being the father-in-law and mother-in-law had a limited role to play. The High Court under the impugned order has correctly considered the aforesaid aspect while granting anticipatory bail.

As we do not find any perversity in the decision arrived at by the High Court, we are inclined to dismiss the said petition also.

However, we are inclined to grant four weeks’

time to the respondents in SLP (Crl.) No.14964/2023 to surrender before the jurisdictional court. As and when the bail application is be filed, the same has to be decided on its own merit, without being influenced by the order by this Court.

The Trial Court is also directed to dispose of the bail application within a period of two weeks from date of the its filing.

Needless to state that during the said period of four weeks granted of surrender, the petitioners in SLP (Crl.) No.14073/2023 are directed to cooperate with the investigation.

The Special Leave Petitions are accordingly dismissed.

Pending application(s),if any, shall stand disposed of.

(KAVITA PAHUJA) (POONAM VAID)

COURT MASTER (SH) COURT MASTER (NSH)