MOHAMMAD RAFIQ Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) Order dated 31.10.2018, passed by learned Sessions Judge, Poonch (for short "Trial Court") granting bail in favour of respondent no.4 in a case titled "State vs. Razia Begum?, who alongwith others, who is facing trial under Sections 302/307/147/148/447/325/323 RPC in FIR No.14/2011, has been challenged in this Revision Petition filed under Section 561-A of the Code of Criminal Procedure (of erstwhile J & K Cr.P.C.), precisely on the ground that the said respondent has committed serious offences and she absconded herself during the trial of the case for which proceedings under Section 512 Cr PC have been initiated against her and after having absconded she made a dramatic appearance by surrendering before the Court on 13.10.2007 and the entire prosecution evidence stand recorded. She after having surrendered before the court filed application for grant of bail and the Trial Court, while acting in a casual manner and without giving proper reason, admitted her to bail by invoking the provisions of jurisdiction under Section 497 and 498 Cr.P.C.

(2.) According to the learned counsel for the petitioner, miscarriage of justice has been caused by admitting accused/respondent no.4 to bail and the jurisdiction exercised by the Trial Court is neither fair nor proper. A descending order is stated to have been passed by the Trial Court without having considered the gravity of offences and charge for which she was facing trial. The said respondent is said to have denied the arrest for long six year and after the prosecution evidence was over, she surrendered before the court and the Trial Court admitted her to bail without there being any sufficient reason warranting the Trial Court to grant her bail in the case.

(3.) Heard learned counsel appearing for the petitioner as well as counsel for the State and perused the record on the file.