STATE OF JK Vs. MANZOOR AHMAD SHEIKH

JUDGEMENT

(1.) In this petition, filed by the State under section 561-A Cr.PC, the indulgence of this court has been sought in quashing the order of bail dated 09-062016, passed by the Court of Additional District Judge, Baramula, in case titled State of J & K through S.H.O Police Station, Tangmarg, Vs. Manzoor Ahmad Sheikh, bearing F.I.R. No. 20/2016, for an offence under section 306 RPC - Police Station Tangmarg, on the grounds, inter alia, that the impugned order is an illegal one. The trial

(2.) In his objections, the respondent - accused has stated that the petition of the petitioner - State, deserves to be dismissed on the ground that the prosecution has not taken recourse to the relevant provisions of the Cr.PC, seeking cancellation of the bail of the accused nor has any allegation been made by the prosecution, justifying the cancelation of the bail. It is further sated in the objections that the object of bail is to secure the appearance of an accused person at the trial and that the same is neither punitive nor preventive. The deprivation of liberty of an individual citizen is considered punitive. It is stated further that under law imprisonment before conviction is improper as the accused is presumed to be innocent unless and until his guilt is proved. It is further stated that it is the well settled position of law that grant of bail, instead of jail, should be the rule to uphold individual liberty guaranteed by the Constitution.

(3.) Heard and considered. The relevant record has also been perused by me.