Research › Search › Judgment

J&K High Court · body

2013 DIGILAW 466 (JK)

Shahid Ahmad Wani v. State

2013-08-13

MOHAMMAD YAQOOB MIR

body2013
1. Motion for grant of bail in favour of the petitioner has been declined by the trial court (Sessions Judge, Pulwama) vide detailed order dated 24.07.2013. Petitioner-accused has been put to trial for commission of offences punishable under Sections 363, 342, 376 RPC vide order dated 28.06.2013. 2. There has been no change in the circumstance from the date of rejection of bail application i.e. from 24.07.2013 till date except that the petitioner has sought quashment of the charge so framed against him by invoking powers of this Court under Section 561-A Cr. P. C. Said petition stands dismissed today. 3. Grant of bail is a rule so as to advance the concept of right to liberty but such rule is controlled by an exception i.e. when the commission of offence is such which shocks the conscience of the society and when accused if at large impedes the smooth trial of the case, when offences are heinous and anti social, societal interests are to be taken care of. 4. Discretion to grant or refuse bail is not untrammeled, same has to be exercised in a manner, which may advance the object. All interests are required to be balanced. In the instant case the accused is involved in the commission of an offence which is shocking, a minor girl allegedly has been traumatized in a manner/fashion that her psyche is shacked so is the conscience of the society. The commission of the acts by the accused and the position to which the prosecutrix has been subjected to is clearly indicated in the statement of the prosecutrix recorded under Section 164-A Cr. P. C by the Magistrate. 5. All the aforesaid facts and circumstances have been directly or indirectly well taken note of by the learned Sessions Judge, Pulwama in the order declining grant of bail. After rejection of bail neither there is any change nor any new circumstance is forthcoming which would persuade the Court to even issue notice to the other-side for considering grant or otherwise of the bail. The power of grant of bail is concurrent. When learned Sessions Judge has declined, fresh petition can lie only on change of circumstances not otherwise. It shall be open for the petitioner to file fresh petition for grant of bail before the trial court on change of circumstances or at a stage, which would warrant consideration of the plea of bail. When learned Sessions Judge has declined, fresh petition can lie only on change of circumstances not otherwise. It shall be open for the petitioner to file fresh petition for grant of bail before the trial court on change of circumstances or at a stage, which would warrant consideration of the plea of bail. 6. It is to be made clear that the observations made by the Court of Sessions Judge while rejecting bail application and the observations made hereinabove shall remain confined to the disposal of the bail petition at this stage and shall not be treated as an obstacle in according consideration to the subsequent bail petition as shall be filed on change of circumstances or on the basis of progress and development of the trial. 7. Bail petition accordingly dismissed.