ALMAS ARA ALIAS ROSY Vs. UNION TERRITORY OF JAMMU AND KASHMIR
LAWS(J&K)-2020-9-14
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 01,2020

Almas Ara Alias Rosy Appellant
VERSUS
Union Territory Of Jammu And Kashmir Respondents

JUDGEMENT

- (1.)Through the medium of the instant application, the applicants/ accused are seeking bail in connection with case bearing FIR No. 135/2012, registered against them by Police Station, Saddar, for the commission of offences punishable under Sections 302, 307, 34, 102-B, 326, 324 and 506 of the erstwhile Ranbir Penal Code (RPC), for which they are facing trial before the Court of learned Additional Sessions Judge, Srinagar.
(2.)Mr Z. A. Qurashi, the learned senior counsel, appearing on behalf of the applicants/ accused, submits that the applicants/ accused have been implicated in a false and frivolous case as none of them have participated in the commission of offences imputed to them. It is further submitted that the applicants/ accused, earlier in point of time, approached the Court of competent jurisdiction with an application for admitting them to bail, but the Court below rejected the same on the ground that some eye witnesses were yet to be recorded in the case. Mr Qurashi also submits that in view of the sharp spike in the number of COVID-19 Pandemic cases all over the country in general, and in different jails of the country in particular, including the Central Jail, Srinagar; that is the place where the applicants/ accused are presently lodged, the life of the applicants/ accused is under threat, therefore, they deserve to be admitted to bail, moreso, in view of the directions passed by the Hon'ble Supreme Court. It is contended that in fact the applicant No.1, namely, Mst. Almas Ara alias 'Rosy', has, on her screening, already been declared as positive for the COVID-19 Pandemic.
(3.)Mr B. A. Dar, the learned Senior Additional Advocate General, representing the respondent-Union Territory of Jammu and Kashmir, submits that the applicants/ accused are facing trial in a case involving heinous offences and, thus, they do not deserve the concession of bail. Mr Dar further submitted that in case the applicants/ accused are, at this stage, admitted to bail, there is every likelihood that same will not only halt the investigation of the case, but will also hamper it badly; thereby resulting in consumption of very material and important evidence.
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