A local court in south Kashmir’s Kulgam rejected bail application of a man who had allegedly assaulted a 45-year-old man, resulting to his death.
Principal District and Sessions Judge Kulgam Tahir Khursheed Raina rejected the bail to the accused.
Court while rejecting a bail petition filed by the accused persons observed that bail not jail principle cannot have a general application in a mechanical manner while dealing with bail petition in heinous offences.
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.
The court was hearing a bail petition filed by the accused persons facing trial in offences punishable u/s 304,147,447 IPC.In the case in hand, a middle aged person of 45 years has lost his life on account of alleged assault of the accused on the spot when the deceased attempted to obstruct the accused from spraying the pesticide in his portion of the land.
The incident is seven months old, charge is framed and trial has commenced. Prosecution is directed to produce witnesses in the case, on the next date fixed in the case on 28.09.2022. Accused are charged with the commission of offence of culpable homicide not amounting to murder, punishable with imprisonment for life or imprisonment of either description for a term which may extend to ten years and fine.
The court further observed that In such an eventuality what will be the message given by this court if the prayer of the counsel for 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. 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 is granted in a routine matter, reads the bail order.
The Court further observed that the law is not so cruel to be concerned only about life and liberty of the accused with scant regards for the victim and victims family. It is in this context gravity of the offence committed by the accused and level of accusation on record against the accused are the guiding principles for criminal courts to consider while granting bail to the accused.
More importantly, the material witnesses in the case are yet to appear in the witness box to depose and there is every apprehension that accused if released on bail will attempt to coerce approach or intimidate the prosecution witnesses from making free and fair depositions in the court to save themselves from the severe penal consequences of their alleged serious crime, reads the bail order.
Comments are closed.