High CourtsSingle Bench(2018) 09 J&K CK 0053

Puran Chand @APPELLANT@Hash State Of Jammu & Kashmir And Anr

Jammu And Kashmir High Court · Decided on 19 September 2018

HON’BLE JUDGES
Sanjay Kumar Gupta, J
RESULT
Disposed Off
CASE NUMBER
Criminal Miscellaneous Case No. 174 Of 2018, IA No. 01 Of 2018

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Judgment

7 paragraphs · 415 words
1.

Through the instant petition filed under Section 561-A of the Code of Criminal Procedure (hereinafter for short, Cr.P.C), the petitioner seeks quashment of the order dated 22.02.2018 passed by the learned Sessions Judge, Samba whereby the learned trial Court has enlarged the respondent No. 2Veena Devi on interim bail in FIR No. 126/2014 for commission of offences under Sections 302/34/201 RPC registered in the Police Station, Bari Brahamana.

2.

The operative part of the order dated 22.02.2018 passed by Principal Sessions Judge, Samba reads as follows:-

"But, since the accused is a lady and is behind the bars for more than 7 years who has not been released on short leave so far, as such, in order to facilitate the emotional and social bond in the family of the accused short leave on humanitarian grounds is admissible to accused Veena Devi wh is given short leave for 15 days upto 09.03.2018 on furnishing bail bond of Rs. 50,000/- and personal bond of like amount with the conditions that the accused shall not tamper or hamper the prosecution witness, will not abscond during her release and the caused shall surrender before this court on 10.03.2018 for further lodgment in the jail. A lady constable in uniform/civil dress shall also accompany the accused for her protection during short period of release to accused who will provide breakfast, lunch and dinner and accommodation to the lady constable during her short leave. The accused shall attend the concerned police station after every 4 days during her release. Put up on 10.03.2018."

3.

From the bare perusal of the aforesaid order it is evident that accused/respondent No. 2 has been enlarged on interim bail in FIR No. 126/2014.

4.

Learned counsel for the petitioner states that the above said interim bail has been extended from time to time and till date the said bail application has not been finally decided by the Court below and further that petitioner would feel satisfied, if the Court below is directed to decide the bail application finally within some stipulated time. To this, other side has no objection.

5.

In view of the aforesaid submissions made by leaned counsel for the petitioner, the instant petition is disposed of with the direction to the Court below to decide the bail application finally expeditiously, preferably within a period of ten days from the date of receipt of a certified copy of this order.

6.

The instant petition is, accordingly, disposed of along with connected IA.