Excelsior Correspondent
SRINAGAR, Jan 4: High Court had granted bail to a murder accused on account of prolonged trial and non-cooperation of prosecution and police.
The applicant Manzoor Ahmad Mir has sought bail in FIR No.118/2010 for offences 302 (Murder), 380 (Theft in dwelling house) and 457 (house breaking) of RPC registered with Police Station, Batamaloo, Srinagar.
The police registered an FIR against Mir and set the investigation into motion. During the investigation of the case, it was found that the deceased had been killed by Mir. The challan against him was filed and he is facing trial for offences under Section 302, 380 and 457 RPC.
The accused had sought bail on the ground of his long incarceration and on account of violation of his right to speedy trial. According to him, he has been in custody for the last more than 12 years but the trial against him has not concluded as yet. It has been contended that there is no likelihood of completion of trial in near future, as such; he deserves to be enlarged on bail.
Justice Sanjay Dhar allowed his bail plea with certain conditions. Justice Dhar directed that he on his release shall furnish personal bond along with two local sureties in the amount of one lakh each to the satisfaction of the trial court.
Court has held that in a case where trial has been prolonged to infinite limits on account of non-cooperation of the prosecution and the police, the accused can certainly be enlarged on bail even in a murder case.
Court has taken serious note of delay in examining the prosecution witness and recorded that the delay in conclusion of the trial is solely attributable to the prosecution. The officers and officials of the police department, court added, are obliged and duty bound to assist in the speedy trial of the cases, are avoiding to appear before the Court as witnesses thereby protracting the trial.
Court observed that the respondents-prosecution should put their house in order and instruct their officers and officials to render all possible assistance in conclusion of criminal trials instead of blaming the Criminal Courts for the delay.
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