Jammu, Jan 3 (JKNS): The High Court of Jammu & Kashmir and Ladakh has granted bail to three women facing trial in a 2023 murder case from Anantnag district, holding that the legal provisions meant to afford special consideration to women undertrials were overlooked by the trial court.
As per news agency JKNS, Justice Rahul Bharti granted bail to Saleema Bano, Reshma and Rubina, residents of Cheri Panzgam, Kokernag, who are named as accused in FIR No. 21/2023 registered at Police Station Larnoo. The case was initially registered under several sections of the IPC, including 451, 341, 506, 323, 427, 147, 148 and 307, with Section 302 added subsequently after the injured victim succumbed.
Following investigation, police filed a challan on September 15, 2023, against 14 accused persons. While nine were arrested during the course of investigation, five accused, including the three women, were initially declared absconding. They were later apprehended between January and May 2024 and remained in judicial custody as undertrials.
Their bail applications were earlier dismissed by the Principal Sessions Judge, Anantnag, citing the gravity of the offence and their alleged conduct during investigation. However, the High Court found that the trial court failed to adequately consider the proviso to Section 437(1) CrPC, which empowers courts to adopt a more liberal approach while dealing with bail pleas of women even in non-bailable offences.
The High Court noted that the allegations against the women were largely general and omnibus, with no specific roles clearly attributed to them. It further observed that the alleged weapon involved was sticks and that several crucial witnesses, including the complainant, have already been examined, thereby diminishing the apprehension of witness intimidation or evidence tampering.
The Court also took into account the personal hardships of the accused, observing that one of the women is a breastfeeding mother, all three have young children, and the husband of one petitioner is also incarcerated in the same case. The Court additionally recorded the unfortunate circumstance that one petitioner lost her minor son during her incarceration and was not permitted to attend his burial.
In view of these factors, the High Court ordered the release of the three women on bail on furnishing personal and surety bonds of Rs 50,000 each. The Court imposed conditions that they shall not leave the Union Territory of Jammu and Kashmir without prior permission of the trial court and shall not influence witnesses or obstruct the trial, failing which their bail would be liable to cancellation.
Advocate S.A. Hashmi appeared on behalf of the petitioners, while Government Advocate Ilyas Laway represented the Union Territory. (JKNS)
