Excelsior Correspondent
SRINAGAR, Sept 25: The Court of Principal District and Sessions Judge Kulgam presided over by Tahir Khrusheed Raina while rejecting a bail petition filed by the accused persons observed that bail not jail principle cannot have a general application while dealing with bail petition in heinous offences.
The court was deciding bail application of the case registered at Police Station Behibagh in FIR number 16 of 2022 for offences under section 147, 149, 304 IPC against Mohammad Shafi Bhat son of Wali Mohammad Bhat resident of Machowa, Tehsil Yaripora, district Kulgam; Mohd. Yaqoob Bhat son of Mohd Amin Bhat resident of Sofipora, Tehsil Zaubapora, district Shopian; Aarif Bashir Wani son of Bashir Ahmad Wani resident of Wanduna Malawrah, Tehsil Zainapora, district Shopian and Umar Farooq Wani son of Farooq Ahmad Wani resident of Keegam Shopian, Tehsil and District Shopian.
In the case, a middle aged person of 45 years has lost his life on account of alleged assault by the accused when the deceased attempted to obstruct the accused from spraying pesticide in his portion of the land.
While lucidly striking a balance between the rights of an accused viz-a-viz his personal liberty as guaranteed by our Constitution and that of the rights of the victim or family of the victim and larger interests of the society, the court made some eye opening observations highlighting the importance of prevalence of writ of law in the society in absence of which the society will lead to anarchy and hooliganism.
Prosecution was directed to produce witnesses in the case, on the next date fixed of September 28, 2022.
“The court can’t ignore all these incriminating facts by recognizing only the right to life and liberty of the accused by granting bail in their favour, instead, the incriminating material on record sufficiently connects the accused at this stage with the commission of a heinous offence, wherein a person has lost his life simply on account of the assault of the accused as alleged in the charge sheet,” the court observed.
“If the prayer of the accused is allowed at this stage, it simply means that right to life and liberty of the accused stands recognized by the court, ignoring gravity of the offence, level of accusation against the accused and the concern of victim and victim’s family. It looks more an unjust and absurd approach if it is to sustain,” the court stated.
“It will simply lead to lawlessness in the society and I am afraid, people will resort to retributive theory based on ‘an eye for an eye’ at their own in the broad day light, if bails in such kind of offences are granted in a routine matter,” read the bail order.
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