HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Bail App No. 261/2021
CrlM No. 1542/2021
Reserved on : 12.10.2022
Pronounced on : 17.10.2022
Mohd. Azad & Ors. ….Petitioner/Appellant(s)
Through :- Mr. T.M. Khan, Advocate
V/s
UT of J & K ….Respondent(s)
Through :- Mr. Adarsh Bhagat, GA
Coram: HON’BLE MR. JUSTICE MOHAN LAL, JUDGE
ORDER
17.10.2022
1. Petitioners apprehending arrest in FIR No. 226/2021 dated 10.06.2021 for commission of offences under Sections 307/34/452 IPC registered with Police Station Mendhar Poonch were admitted to interim anticipatory bails under the provisions of Section 438 Cr.P.C by this Court vide order dated 27.08.2021 which stood extended till date.
2. Respondent- UT of J & K through In-charge/Station House Officer, Police Station Mendhar Poonch has objected the grant of bail by filing objections contending therein, that petitioners are involved in offence of attempt to murder which is heinous and the grant of bail to the petitioners would send wrong signal to the society as it will encourage the criminal minded person of the society, there is every apprehension that petitioners may jump over the conditions of the bail and may also influence the vital witnesses of the case.
3. Heard and considered. As spelt out from the status report/objections filed by the respondent, the allegations against petitioners/accused are, that on 10.07.2021 one Zulfiqar Hussain Shah S/o Sanawwer Hussain Shah R/o Bhatidhar Mendhar filed an application in Police Station Mendhar against Mohd. Azad S/o Makhna R/o Bhatidhar Mendhar and 12 others that at 14:30 hours, accused Mohd. Azad called Patwari to reach on spot along with some people for recording their statements, he along with his real brothers reached on spot, while the accused persons with common and criminal intention with the motive to kill them were sitting there and when they reached on spot, petitioners/accused assaulted them and beat them with lathies, while accused Mohd. Azad attacked upon his brothers namely Asghar & Imtiaz Ahmed shah with intention to murder them and inflicted axe blow on their head, but in order to defend, his brother intercepted with his arm and saved himself otherwise he would have been killed. Objections/status report filed by the respondents further reveal that the Investigating Officer, Sub-Inspector Mohd. Shafiq visited the place of occurrence, prepared the site plan, recorded the statements of prosecution witnesses under Section 161 Cr.P.C, seized the blood soaked clothes of the Waqar Ahmed Shah and proved the offences under Sections 307/452/323/147 IPC against petitioners/accused. Investigating Officer (I/O) of the case is present in the court along with the case diaries.
4. I have perused the case diaries and the medical opinion regarding injured Zulfikar Hussain Shah and Waqar Ahmed Shah. The medical examination reports bearing MLC No. 49 dated 15.04.2022 and MLC No. 50 dated 15.04.2022 in regard to the injured Zulfikar Hussain Shah and Waqar Ahmed Shah reveal that the doctor has opined that the injuries are simple in nature and caused by blunt object, meaning thereby, that the alleged crime committed by petitioners/accused is not covered by the offence of murder under Section 307 IPC, but is covered by offences u/ss 452/323/147 IPC. None of the offences indicted against petitioners/accused are punishable with death penalty or life imprisonment. The cardinal principle of criminal jurisprudence that “Bail is rule and Jail is exception” applies to the case in hand with full vigor. Petitioners/accused are presumed to be innocent till the guilt is proved against them. Nothing has been placed on record by the respondents that the terms and conditions imposed by this Court vide order dated 27.08.2021 while granting interim anticipatory bails to petitioners/accused have been violated. This being so, I feel myself persuaded to accept and allow the bail application of petitioners/accused. Accordingly, anticipatory interim bails granted to the petitioners/accused by this court on 27-08-2021 are made absolute with the same terms and conditions as reflected in the said order.
5. Disposed of alongwith all connected petitions.
(Mohan Lal) Judge Jammu: