Court emphasizes special consideration for women under Section 437(1) Proviso of CrPC, citing personal circumstances and lack of specific allegations.
In a significant legal decision, the Jammu and Kashmir High Court granted bail to three women accused involved in a case under various sections of the Indian Penal Code, including Section 302, after highlighting the special considerations for women under the Proviso to Section 437(1) of the Code of Criminal Procedure, 1973. The judgment was delivered by Justice Rahul Bharti on December 29, 2025, in response to a bail application filed by Saleema and others.
The case stemmed from an incident on July 19, 2023, when the complainant, Ghulam Mohi-ud-Din Dar, reported that a group of 14 accused individuals assaulted his father, Ali Mohd. Dar, leading to his death on July 31, 2023. The accused were charged with serious offenses, including murder (Section 302 IPC), following the incident at Larnoo, Anantnag.
The petitioners, all women, were in judicial custody as undertrials. The Court noted their personal circumstances, such as having minor children to care for and the lack of specific roles attributed to them in the alleged crime. Despite the Principal Sessions Judge, Anantnag, denying bail on earlier occasions, Justice Bharti underscored the intent of the Proviso to Section 437(1) of CrPC, which allows for special consideration of women in non-bailable offenses.
The Court criticized the trial court's failure to exercise discretion in granting bail, emphasizing that the Proviso provides a framework for considering bail applications involving women accused. Justice Bharti remarked that the Proviso does not mandate automatic bail but requires a nuanced approach, considering the unique circumstances of women accused.
In granting bail, the Court required the petitioners to furnish a bond of Rs. 50,000 each and imposed conditions, including not leaving the Union Territory of Jammu & Kashmir without permission and refraining from actions that could affect the ongoing trial.
The decision is seen as a reaffirmation of the legal provisions that aim to balance the interests of justice while recognizing the specific needs and circumstances of women involved in legal proceedings.
Bottom Line:
Bail granted to women accused under Section 437(1) Proviso of CrPC, highlighting the special consideration for women in cases involving non-bailable offenses. Court acknowledged the lack of specific allegations against petitioners and their personal circumstances.
Statutory provision(s): Section 437(1) CrPC, Section 302 IPC, and other sections related to the offenses charged in the case.
Saleema v. UT of J&K, (Jammu And Kashmir)(Srinagar) : Law Finder Doc Id # 2829627
