Excelsior Correspondent
Srinagar, Apr 7: Observing that bail in non-bailable cases is not matter of right but discretion of court, High Court today rejected the bail application of two persons involved in a case of murder and directed the Trial court to complete the proceedings in the case without any delay.
Court in the instant application and in the light of order of the Sessions Judge, Sopore, said, it emerges that at the time of filing of the application before the Sessions Judge, Sopore, 5 out of a list of 22 witnesses had been examined and during the pendency of the application before the Trial Judge, the number of witnesses examined swelled up to 9, meaning thereby that there is not any apparent or perceptible change in the facts and the circumstances under which the grant of bail was considered and rejected by the Additional Sessions Judge, Sopore.
Aggrieved by the order dated 19.06.2017, of the Additional Sessions Judge, Sopore, whereby two applications for the grant of bail in favour of the applicants have been rejected, they knocked the doors of High Court seeking bail in their favour for the commission of offences punishable under Sections 302, 307, 34 RPC & 7/27 Arms Act.
Court after hearing both the parties said the law is that bail in non bailable cases is not a matter of right. It is in the discretion of the court. This discretion has to be supported by reasons and the law governing the grant of the bails. The question of the grant of the bail cannot be put in a steel jacket formula.
“Under the criminal laws of this country, a person accused of offences which are non bailable is liable to be detained in custody during the pendency of trial unless he is enlarged on bail in accordance with law. Such detention cannot be questioned as being violative of Article 21 since the same is authorized by law”, court said.
Prosecution in opposition to the bail application resisted the same on the grounds that on 18.09.2015, the police authorities of Police Station, Bomai Sopore, received an information from a reliable source that some militants have fired upon one Bashir Ahmad Bhat S/o Ghulam. Mohammad Bhat R/o Sogipora, as a result of which he and his son, Burhan aged four years also sustained injuries in this episode.
On the receipt of the information, the authorities of the Police Station, Bomai Sopore, registered a case bearing FIR bearing No. 70/2015, for the commission of offences punishable under Sections 302, 307, 34 RPC 07/27 Arms Act, with which the investigation commenced. The injured Burhan was taken to SKIMS, Soura, where he succumbed to the injuries on the next day.
Prosecution submitted that a charge sheet has been laid against the applicants. The trial of the case is going on in the Court of Additional District and Sessions Judge, Sopore and the applicants are involved in a heinous crime, which is the rarest of rare and the grant of bail in favour of the applicants cannot be sustained at this stage.
Referring the citation of Supreme Court, High Court said it will not be appropriate to grant the bail to the applicants and prosecution witnesses to the occurrence are yet to be recorded in the case.
Therefore, the grant of bail in favour of the applicants in a case like the present one is ruled out at this stage.
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