Excelsior Correspondent
SRINAGAR, Mar 2: Observing that the trial court has violated the provision of law while granting bail to an accused involved in murder of his wife, High Court quashed the bail order and directed him to surrender before Station House Officer (SHO).
The father of the deceased has approached the court for quashment of bail order passed by the Court of Additional Sessions Judge, Handwara in terms whereof the accused-Sajad Ahmad Khan has been granted bail.
A criminal case under FIR No. 72/2017 for offence under Section 302 IPC came to be registered against the accused-Khan alleging that he murdered his wife in his house on 14.11.2017. A charge sheet dated 19.01.2018 was laid before the Trial court in the matter upon completion of investigation against the for commission of offence Under Section 302 IPC.
Father of the deceased pleaded before the court of Justice Javed Iqbal Wani that the accused has committed heinous cold blooded murder of his daughter, as such was not entitled for grant of bail. Justice Iqbal keeping in view of position of law and after perusal of record of the prosecution which tends to show that the trial court rejected the earlier bail application of the accused-Kahn on the ground of it being premature yet has granted the bail in terms of the impugned order to him, though noticing that the prosecution has produced 12 witnesses stating that the said witnesses have not stated anything incriminating against the accused person.
The Trial court, Justice Iqbal added, has failed to point out even for the prima facie purposes as to whether there were discrepancies in the statement of the said witnesses, inasmuch as that what were the said discrepancies or the infirmities which did not connect the accused with the commission of the offence.
Court further said, that the trial court seemingly has not even expressed any reason or justification as to the left over prosecution witnesses who are yet to appear in the witness box while passing impugned order. Court recorded that the Trial court has proceeded to consider the bail application and pass the impugned bail order in breach and violation of the principles Apex Court as also overlooked the other circumstances including the nature accusation and the severity of the punishment in case of conviction and the nature of supporting evidence, inasmuch as reasonable apprehension of tempering with the witness or apprehension of threat to the complainant.
“For all that has been observed and discussed, this Court while exercising inherent jurisdiction sets aside the order impugned, as a corollary whereof the accused namely Sajad Ahmad Khan shall surrender before the SHO concerned on 10.03.2022. The SHO shall consequently take necessary steps and measures upon taking into custody of accused-Khan as are required to be taken under law”, Justice Iqbal directed.
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