Excelsior Correspondent
SRINAGAR, Mar 5: A local court here refused to grant bail to four persons who are involved in a death of a woman, who set herself on fire by pouring kerosene on her body last year in Srinagar.
The court of first Additional Sessions Judge Srinagar presided by Madan Lal after hearing all the parties observed that the accused do not deserve bail and consequently refused to grant bail to husband of deceased and her in-laws.
The woman, Mahjabeena Akhtar, poured kerosene oil and set herself on fire on October 25 last year and died of severe burn injuries at a hospital. Before her death, she gave a statement to the police that her husband, Mohammad Rafiq Sofi and other in-laws used to torture her.
Court while rejecting the bail plea of all four accused held “It is a horrendous crime which actually disrupt the entire social fabric”, adding with “since the accused persons are alleged to be involved in commission of offence under Section 498-A and 306 RPC which is heinous in nature, giving the concession of bail at this juncture would give a wrong signal to the society at large and encouragement of wrongdoers”.
Court further observed that it has been found that ‘crime against women’ is on alarming scale and in case it is not checked it would have far reaching consequences. It is also settled law in non-bailable offences accused person cannot claim bail as a matter of right and “it is the discretion given to the court to exercise in judicious manner”, the court said.
Additional Public Prosecutor Mohammad Amin Tibet Bakal opposed the grant of bail to accused persons. Besides Mohammad Rafiq Sofi (husband of deceased) the other accused include his mother Fatima and two sisters Jameela Akhtar and Saleema Akhtar.
Counsel for the accused, M A Pandit submitted that Saleema was ‘chronic heart patient with pacemaker’ implanted to her for survival and Jameela is a ‘suffering from kidney problem’ and put to dialysis while their mother, Fatima is old aged lady having completed 70 years of age. He said that all the accused were ‘falsely implicated’ and shall be enlarged on bail.
“It is the duty of the state to take care of its citizens if they are behind the bars and authorities are supposed to give best treatment to them,” the court said while rejecting bail application.
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