 Early Times Report
Jammu, July 9: The High Court of Jammu & Kashmir and Ladakh at Srinagar has granted bail to Muneer Aziz War, accused in the 2012 Batamaloo murder case, holding that his prolonged incarceration for nearly 14 years without conclusion of trial amounted to violation of his fundamental right to speedy trial.
Justice Sanjay Dhar passed the order in Bail App No. 61/2025, arising out of FIR No. 59/2012 registered at Police Station Batamaloo, Srinagar, for offences under Sections 302 and 201 RPC. The petitioner had sought bail mainly on the ground that he had been in custody since June 9, 2012, while the trial was still pending.
As per the prosecution case, the victim, Wali Mohammad Hajam, had gone missing in May 2012 and during investigation, the petitioner, who was allegedly serving as Imam of Masjid Salafia, Batamaloo, was found involved in the occurrence. The prosecution alleged that the deceased was murdered and his body was later recovered from an open plot at Firdous Abad, Batamaloo. It was further alleged that the weapon of offence, a sword, was recovered during investigation.
Appearing for the petitioner, Advocate Parvaiz Nazir submitted that the accused had remained behind bars for about 14 years and despite such long incarceration, the trial had not concluded. He argued that speedy trial is a fundamental right and its violation entitles an accused to bail.
Opposing the plea, Senior AAG Mohsin Qadiri, assisted by Maha Majeed, submitted that the petitioner was accused of committing a heinous offence and there was sufficient material on record to prima facie show his involvement. The State argued that the rigour of Section 437 CrPC was attracted as the offence carries maximum punishment of death sentence.
After examining the record, the High Court noted that though the challan was filed in August 2012 and charges were framed in September 2012, out of 23 prosecution witnesses, only 20 witnesses had been examined in more than 13 years, while three witnesses were still pending. The Court observed that the delay in conclusion of trial was largely attributable to the prosecution.
The Court further observed that despite earlier directions by the trial court, material witnesses including the doctor and the Investigating Officer had not been produced. Justice Dhar remarked that police officers and officials are duty-bound to assist in speedy trial and if they avoid appearing as witnesses, criminal trials are bound to be prolonged.
Relying on Supreme Court judgments including K.A. Najeeb and Syed Iftikhar Andrabi, the High Court held that long incarceration of an undertrial, coupled with no likelihood of conclusion of trial in the near future, infringes the right to speedy trial. The Court observed that even stringent bail restrictions “melt down” where the accused has spent a substantial period in custody and the trial is unlikely to conclude within a reasonable time.
Allowing the bail application, the Court held that the petitioner had made out a case for bail on account of long incarceration and the conduct of the prosecution and police department, which made early conclusion of trial unlikely.
The Court directed that War be released on bail on furnishing a personal bond along with two local sureties of Rs 1 lakh each to the satisfaction of the trial court. He was also directed to surrender his passport, not travel outside the Union Territory of J&K without permission, not tamper with prosecution evidence and appear before the trial court on every date of hearing. (JNF) |
