Bail granted due to prolonged trial delays, infringement of right to speedy trial, and co-accused already on bail.
In a significant development, the Jammu and Kashmir High Court, presided over by Justice Sanjay Dhar, granted bail to Shareen Gani, who has been in custody for over 12 years in connection with a murder case. The court's decision was primarily influenced by the prolonged delay in the trial, attributed to the prosecution's lackadaisical approach, and the infringement of Shareen's right to a speedy trial.
The case pertains to the alleged kidnapping and murder of a nine-year-old boy, Saliq Mansoor, in 2013, with Shareen Gani and her husband, Imtiaz Ahmed, accused of conspiring to abduct the child for ransom and subsequently murdering him. The charges against them include offenses under sections 302, 364, 363, and 120-B of the Ranbir Penal Code (RPC).
Justice Dhar observed that despite the passage of over 12 years, the trial has not concluded, with 70 out of 81 prosecution witnesses examined so far. The court noted that the delay in concluding the trial was solely due to the prosecuting agency's failure to produce witnesses in a timely manner. Furthermore, the co-accused, Imtiaz Ahmed, has already been granted bail, warranting parity in Shareen's case.
The court emphasized the importance of the right to a speedy trial, as enshrined in various Supreme Court judgments, stating that prolonged incarceration without the likelihood of trial conclusion infringes upon this right. The decision also considered the welfare of Shareen's child, who has been staying with her in jail, highlighting the potential adverse effects on the child's growth and personality.
In granting bail, the court imposed several conditions, including a personal bond, surrender of Shareen's passport, and a requirement for her to appear at every trial hearing. The court also cautioned against tampering with evidence or engaging in unlawful activities.
This ruling underscores the judiciary's commitment to upholding fundamental rights and ensuring justice, even in cases involving serious charges.
Bottom Line:
Bail granted to petitioner accused of heinous crime of murder due to long incarceration exceeding 12 years and infringement of the right to speedy trial. Court observed that delay in trial solely attributable to prosecuting agency, and co-accused already enlarged on bail.
Statutory provision(s): Section 483 of the Criminal Procedure Code, 1973, Sections 302, 364, 363, 120-B of the Ranbir Penal Code (RPC)
Shareen Gani v. UT of J&K, (Jammu And Kashmir) : Law Finder Doc id # 2850087
