Cites Legal Safeguards for Female Undertrials
Jammu, Jan 3: The High Court of Jammu & Kashmir and Ladakh has granted bail to three women accused in a 2023 murder case from Anantnag district, observing that statutory provisions meant to extend leniency to women undertrials were not adequately considered by the trial court.
Justice Rahul Bharti allowed the bail applications of Saleema Bano, Reshma and Rubina, residents of Cheri Panzgam, Kokernag, who are among the accused in FIR No. 21/2023 registered at Police Station Larnoo. The case was initially registered under multiple sections including 451, 341, 506, 323, 427, 147, 148 and 307 IPC, with Section 302 IPC added later following the victim’s death, as per news agency Kashmir News Corner — KNC.
After completion of the investigation, police filed a challan against 14 accused on September 15, 2023. While nine accused were arrested during the investigation, five persons, including the three women, were initially shown as absconding. The women were subsequently arrested between January and May 2024 and have since remained in judicial custody as undertrials.
Earlier, the Principal Sessions Judge, Anantnag, had rejected their bail pleas, citing the seriousness of the offence and their conduct during investigation. However, the High Court set aside this approach, noting that the trial court failed to give due weight to the proviso under Section 437(1) CrPC, which permits courts to take a liberal view in granting bail to women even in non-bailable offences.
The High Court further observed that the allegations against the women were general in nature, without clear attribution of specific roles. It also noted that the alleged weapon involved was sticks and that several key witnesses, including the complainant, have already been examined, thereby reducing the possibility of evidence tampering.
Taking into account the personal circumstances of the accused, the Court noted that one of the women is a breastfeeding mother, all three have minor children, and the husband of one petitioner is also lodged in jail in the same case. The Court also recorded the tragic fact that one petitioner lost her minor son during incarceration and was not allowed to attend his burial.
Accordingly, the High Court ordered the release of the three women on bail upon furnishing personal and surety bonds of Rs 50,000 each. The Court imposed conditions restraining them from leaving the Union Territory without permission of the trial court and from influencing witnesses or hampering the trial, warning that any violation could lead to cancellation of bail.
Advocate S.A. Hashmi represented the petitioners, while Government Advocate Ilyas Laway appeared for the Union Territory. (KNC)
