Excelsior Correspondent
Srinagar, Apr 20: High Court today denied to grant bail to a woman involved in kidnapping and murder of a child.
Justice JR Kotwal while dismissing the bail application of Shahreen Ganaie said the incident is not heinous alone but horrendous indeed as womanhood of a person involved in commission of an offence punishable with death or imprisonment for life carves out an exception to the general principle of not admitting such a person to bail but does not confer any right to bail in her favour.
Petitioner, court said, given the nature of alleged incident is
involved in, is not entitled to be released on bail during the trial of the case. “Insofar as the retention of the child in the jail is concerned, I find no sufficient ground for differing with the view
taken by the trial court and taking any other view, much less ordering release of the petitioner on that score. Viewed thus, this petition has no merit and is dismissed”, Justice Kotwal recorded.
Prosecution case is that the child was kidnapped by the husband of the petitioner for ransom but, since police came into action, both of them (husband & wife) became panicky and in a huff strangulated the child to death and stuffed his dead body along with school bag in a plastic bag and kept that bag in another under construction house.
“Suffice to say for the purpose of this application and not to dilate lest that may cause prejudice to the petitioner at the trial, prosecution has collected sufficient material to show active involvement of the petitioner in assisting her husband in the alleged incident at all vital stages, that is, kidnapping and killing of the child and concealing the dead body”, court said.
Petitioner’s counsel Senior Advocate Sunil Sethi, pointed out before the court that the petitioner being a female can be released on bail, notwithstanding her involvement in commission of offence of murder, sought to draw a distinction between the role allegedly played by the petitioner in the alleged incident of kidnapping and murder of the victim and argued that the petitioner cannot be said to have been involved in a conspiracy with her husband or to have played active role in the incident.
On the other hand senior counsel PN Raina, argued that the petitioner, who herself is a mother, was involved in a heart-rending incident of kidnapping of a minor child and his murder so she cannot claim and given benefit of her womanhood.
Court said, the factors governing the consideration to a prayer for bail in non-bailable offence are well known and these are, the nature of accusation against the accused, nature and heinousness of the offence, possibility of the accused jumping over the bail or tampering with the prosecution evidence and general public interest involved in allowing or refusing the bail.
Trending Now
E-Paper
Follow our WhatsApp channel