*Cites proviso for women undertrials
Excelsior Correspondent
JAMMU, Jan 2: The High Court of Jammu & Kashmir and Ladakh has granted bail to three women accused in a 2023 murder case from Anantnag district, holding that the trial court failed to properly consider the statutory proviso that allows liberal consideration of bail for women accused in non-bailable offences.
Justice Rahul Bharti allowed bail application filed by Saleema Bano, Reshma and Rubina, all residents of Cheri Panzgam, Kokernag, who were among 14 persons named in FIR No. 21/2023 registered at Police Station Larnoo initially under Sections 451, 341, 506, 323, 427, 147, 148, 307 and later Section 302 IPC following the death of the injured victim.
Following investigation, police filed challan on September 15, 2023, against 14 accused under Sections 506, 323, 427, 336, 447, 147, 148, 149, 307 and 302 IPC. While nine accused were arrested initially, five—including the three women petitioners—were shown as absconding.
The three women were later arrested in January and May 2024 and remained in judicial custody as undertrials. Two other accused—Mushtaq Ahmad Awan and Begum Jan—are still absconding and have been proceeded against under Section 229 CrPC.
The petitioners’ bail pleas were rejected by the Principal Sessions Judge, Anantnag, through a common order passed on different dates in October and November 2024, citing the gravity of the offence and their conduct during investigation.
Setting aside the trial court’s approach, the High Court noted that the lower court ignored the mandatory spirit of the proviso to Section 437(1) CrPC, which specifically enables courts to grant bail to women even in non-bailable offences.
Justice Bharti observed that the FIR and charge sheet attribute general and omnibus allegations, without specifying individual roles of the women accused. Moreover, the alleged weapon of offence was sticks, and the exact involvement of the women was not clearly spelt out. Several material and eye-witnesses, including the complainant, have already been examined, reducing the risk of evidence tampering.
The Court also took note of the personal circumstances of the petitioners. “One of the women is a breastfeeding mother and all three have minor children aged between three and eight years. The husband of petitioner Saleema is also incarcerated in the same case”, the Court observed.
In a particularly tragic circumstance, the Court recorded that Saleema lost her eight-year-old son in a drowning incident during her incarceration, and neither she nor her husband was permitted to attend the child’s burial.
Allowing the bail plea, the Court ordered release of the three women on furnishing personal and surety bonds of Rs 50,000 each, subject to conditions that they shall not leave the Union Territory of J&K without prior permission of the trial court. They shall not influence witnesses or prejudice the ongoing trial, failing which bail may be cancelled.
Advocate S A Hashmi appeared for the petitioners /appellants while as Government Advocate Illyas Laway appeared for the UT.
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