Srinagar: The High Court of J&K and Ladakh has granted bail to a policeman, accused of killing his wife by throttling her throat in Batamaloo Srinagar 12 years ago, observing that conduct of prosecution is such that there is hardly any chance of conclusion of trial in near future.
The policeman Manzoor Ahmad Mir, according to the case of the prosecution, killed his wife, Rukhsana Jabeen who was working as a Nurse in the Health Department and was married to him since 2006. After the marriage, prosecution alleged that Mir harassed her and took away her gold ornaments.
Mir, prosecution said, managed entry into the paternal house of his estranged wife on the intervening night of 28 and 29 September 2010 and throttled her throat as a result of which she died on the spot.
Subsequently, the police lodged an FIR and the investigation was set into motion. During the investigation of the case, the prosecution said, it was found that the deceased had been “done to death by Mir”.
“Long incarceration of an undertail without any likelihood of conclusion of trial in near future infringes upon the right of speedy trial of such undertrial,” a bench of Justice Sanjay Dhar said, adding, “While the Supreme Court has, in some cases, gone to the extent of quashing the trial itself but consistent view of the Supreme Court has been that in case the delay in conclusion of the trial amounts to oppression or harassment, the Court can interfere in such situations and grant bail to an accused in a heinous crime like murder also.”
While doing so, the Bench said, the court has to take into consideration several factors like, length of delay, the justification for the delay, the accused’s assertion of his right to speedy trial, and prejudice caused to the accused by such delay.
The court also said that while long incarceration of an accused may not be by itself a ground for grant of bail, “it certainly becomes a ground for grant of bail to an accused, if the delay in conclusion of trial is attributable to the prosecution.”
“I find that the petitioner has carved out a case for grant of bail on account of his long incarceration for more than 12 years and on account of the fact that by the conduct of the prosecution and the police department, there is hardly any chance of conclusion of trial in near future,” the court said and granted bail to Mir on furnish personal bond along with two local sureties in the amount of Rs.1,00,000.
The court also imposed other conditions that include : “in case he has a passport, he shall surrender the same before the trial court and he shall not travel out of the Union Territory of Jammu and Kashmir without permission of the trial court; That he shall not tamper with the prosecution evidence and he shall not indulge in any act or omission that is unlawful or that would prejudice the proceedings in the pending trial and that he shall appear before the trial Court on each and every date of hearing.”

KR Desk