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High CourtsSingle Bench(2023) 09 J&K CK 0039

Faqir Chand And Others vs UT Of J&K And Others

Jammu And Kashmir High Court · Decided on 22 September 2023

HON’BLE JUDGES
M A Chowdhary, J
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 245 Of 2023 & Criminal Miscellaneous Case No. 839 Of 2023

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Judgment

6 paragraphs · 363 words

M A Chowdhary, J

1.

The instant composite bail application in terms of Sections 438 & 439 CrPC has been moved by the petitioners, seeking grant of bail in a case registered vide FIR No. 197/2023 for commission of offences punishable under Sections 306 & 109 IPC, asserting therein that the petitioner Nos. 1 to 3 and 5 were arrested on 18.08.2023 and have been lodged in District Jail, Kathua, whereas other petitioners apprehend the arrest at the hands of the respondent-police, at any time. It has been pleaded that the petitioners had approached the Court of Sessions at Samba for grant of bail, however, the Court of learned Additional Sessions Judge, Samba is facing a practical difficulty of not having any Public Prosecutor, as the earlier incumbent has been transferred and the case has been posted for 26.09.2023.

2.

Since the petitioners have already moved the Court of Sessions at Samba, it will be fitness of things that the Sessions Court at Samba, which is seized of the matter. Though the Court of Sessions at Samba is supposed to invite the objections from the State while considering bail in a heinous offence like the offence involved in this case, yet only an opportunity of being heard is to be given to the prosecution and it is for the prosecution to arrange the filing of reply/objections and to oppose to the bail application moved by the petitioners. The Sessions Court, Samba cannot be expected to delay the matter simply for the reason that the Public Prosecutor was not available despite notice to the prosecution.

3.

In view of the pendency of the bail application of the petitioners before the Sessions Court at Samba, this Court is of the considered opinion that this Court should not embark upon deciding the case when the same is already sub-judice before the Sessions Court. The bail application is, thus, dismissed in limini.

4.

The learned Additional Sessions Judge, Samba is, however, requested to dispose of the application expeditiously after affording an opportunity of being heard to the prosecution. A copy of this order be sent down for information and compliance.

5.

Bail application is, accordingly, disposed of.