Srinagar, June 29: The High Court of Jammu & Kashmir and Ladakh has ruled that a superior court is empowered to cancel bail if a trial court grants relief without properly considering the seriousness of the offence, the material available on record, or the wider societal impact of the crime. The Court also held that bail orders based on irrelevant considerations or suffering from legal infirmities can be set aside.
The observation was made by Justice Sanjay Dhar while allowing a petition filed by the Union Territory challenging the bail granted to an accused facing trial in a rape case registered at Police Station Sumbal under Sections 341, 376 and 506 of the IPC.
The trial court had granted bail after taking into account factors including the absence of spermatozoa on the prosecutrix’s clothes, the non-seizure of a lighter and muffler allegedly used during the offence, discrepancies regarding the place of occurrence, delay in lodging the FIR, and the accused having remained in custody for nearly 18 months.
Setting aside the bail order, the High Court held that these factors were either irrelevant or amounted to a premature appreciation of evidence, which is not permissible while deciding a bail application. The Court observed that the testimony of the prosecutrix could not be discarded merely because certain articles were not recovered or because forensic examination did not detect spermatozoa, particularly when the statements of other eyewitnesses were yet to be recorded.
Justice Dhar further observed that bail, once granted, can be cancelled where the trial court ignores the gravity of the offence, overlooks relevant material on record, or fails to consider the societal impact of the alleged crime. The Court added that a superior court may also revoke bail if the accused’s conduct after release hampers a fair trial or where the bail order is found to be illegal, perverse, or based on irrelevant material.
Holding that the trial court had failed to appreciate the seriousness of the allegations and the impact of crimes against women on society, the High Court cancelled the accused’s bail, directed him to surrender before the trial court within one month, and instructed the trial court to expedite the recording of statements of the remaining eyewitnesses. (KNC)
