LAWS(J&K)-2010-5-72

SYED SHABIR AHAMAD Vs. STATE

Decided On May 28, 2010
Syed Shabir Ahamad Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The petitioners/accused were arrested in connection with case FIR No. 43 of 2007 Police Station Kokernag on 5th May 2007. The petitioners/accused approached Court of JMIC (Sub Judge) Vailoo with an application under Section 497 Cr.P.C. for grant of bail. The court on 10.5.2007 granted interim bail to the petitioners/accused subject to the conditions laid down in order and thereafter on 13th May 2007 made the interim bail order dated 10.5.2007 absolute. The investigation was concluded as proved against the petitioners/accused and the charge sheet presented before the Court having jurisdiction over the matter. The case was thereafter committed to the Court of Sessions where trial is at present going on. One of the prosecution witnesses namely Mst. Shameema stepped in the witness box on 25th March 2010 and testified to the events that allegedly took place at the time of occurrence. The witness narrated how the petitioners/accused at the time of occurrence forced their way into her house and made indecent assault on her and burnt her body and clipped her hair. Learned Trial Judge on 25th March 2010, after part statement of the PW-Mst. Shameema was recorded, cancelled the bail of the petitioners/accused. The reason detailed in the interim order dated 25.3.2010, to order cancellation of bail was the deposition made by PW- Mst. Shameema and further that most of the victims of the alleged occurrence and the witnesses to the occurrence were women. The Trial Court even directed that the petitioners/accused be kept in custody in Central Jail Srinagar, till the trial was concluded.

(2.) The petitioners/accused through medium of instant petition seeks to invoke inherit powers of Court under Section 587 Cr. P.C. for quashment of the order dated 25.3.2010. The grounds urged in the petition are that Learned Trial Judge while making the order dated 25.3.2010 and directing cancellation of the bail granted to the petitioners/ accused did not adhere to the settled legal procedure. It is urged that in first place the bail once granted may be cancelled only in rare cases and for compelling reason, and that even where such reasons exist the Trial Court before ordering cancellation of the bail is duty bound to afford the accused an opportunity of being heard. Learned Trial Judge. It is contended has acted on the part statement of the prosecution witness whose statement is yet to be tested at the touch stone of cross examination.

(3.) Heard and considered.