Excelsior Correspondent
SRINAGAR, June 30: Observing that mere gravity of offence committed by the accused is no ground to reject bail, the High Court granted bail to the accused persons involved in seriously injuring a person.
The accused persons Maskeen Ali, Makhnu, Din, Bawa, Maskeen and Aloo have been chargesheeted by the prosecution in FIR 193/2024 for commission of criminal intention to kill, caught hold of the victim-Habib and cut his right forearm and left index finger with a sickle.
They are aggrieved of order dated 05.03.2025, passed by Principal Sessions Judge, Kathua vide which their bail plea came to be declined on the ground of gravity of offence committed by them and severity of punishment attached thereto.
“…Mere gravity of offence and severity of punishment is no ground for rejection of bail especially when there is nothing to suggest that if released on bail, accused is likely to abscond with a view to evade the trial and where there is no material on record to show that in the event of bail, the accused is likely to tamper with the prosecution witnesses or evidence”, Justice Rajesh Sekhri said while granting bail to accused persons.
Justice Sekhri granted bail to accused persons subject to furnishing a surety bond in the amount of Rs. 1.00 lakh each to the satisfaction of the trial court and a bond of personal recognizance of the like amount to the satisfaction of Superintendent of concerned jail.
“They shall regularly appear before the trial court without fail and shall not directly or indirectly make any attempt to coerce or influence the prosecution witnesses or tamper with the prosecution evidence. Any such attempt on the part of the petitioners-accused shall entail the forfeiture of bail bonds and they will be taken into custody immediately”, the court directed.
The court said, the order granting or refusing bail must reflect a perfect balance between the conflicting interests namely, the sanctity of individual liberty and the interest of the society. The law of bails dovetails two conflicting interests, namely, on the one hand, a requirement of shielding the society from the hazards of those committing the crimes and potentiality of repeating the same crime.
The seriousness of a charge court added, is no doubt, one of the relevant considerations while considering bail pleas but that is not the only test or the factor. If the same is reckoned as the only test or the factor it may tantamount to unbalancing the constitutional rights and would rather be recalibration of the scales of justice.
Provisions of BNSS, confer discretionary jurisdiction on criminal Courts to grant bail to accused pending trial or in appeal against conviction and since jurisdiction is discretionary, it has to be exercised with great care and caution by balancing the valuable right of liberty of an individual and the interest of the society”, read the judgment.
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