Srinagar: A trial Court at Srinagar on Tuesday rejected the bail application of one Faizan Ahmad Bhat accused of stabbing his friend-Ziyan Chasti to death way back in 2021 over a dispute of rupees 4500.
1st additional sessions judge, Khursheed-ul-Islam while hearing the prosecution and defense counsel recorded that the general rule in criminal justice system is that the grant of bail is a rule and its refusal is an exception, but while granting bail, the court has to be satisfied that in a given case its grant is necessary in the interest of justice.
Justice Islam noted that the basic question which must be present to the mind of the court while considering the question of bail is whether the grant of bail would thwart the course of justice or would it further the course of justice.
“There cannot indeed be any inflexible rule governing the grant of bail. Each case has to be decided on its own facts,” he said.
Court observed that the contention raised by Defense counsel regarding non- involvement of accused applicant is without reason or material because there are sufficient, probable grounds and credible and clinching evidence on record suggesting there in that the accused applicant in conspiracy with his brother did away with the life of deceased, therefore, no compassion of bail should be shown to the accused applicant.
“This inhuman act of the accused warrants condemnation and disapproval by the courts as such, any lenience in favor of the accused is likely to make the general masses to lose faith and confidence in criminal justice system and Majesty of law, hence rejection of the bail application in question,” Justice Islam said.
Court further recorded that in the instant case the material on record suggests that the accused applicant hatched a conspiracy with his brother with the object and intent of eliminating the deceased and caused bodily injury to the deceased by stabbing with the intension to kill therefore, no concession of bail is warranted in terms of section- 437 of Criminal procedure code.
During the investigation it came to light that cause of dispute was that accused Mohammad Zaid had taken some clothes costing Rs 4500 from deceased Ziyan on credit and father of Ziyan had gone to the shop of brother of accused Zaid for demanding the money where accused Faizan showed brute attitude to him who on his return narrated whole episode to his son Ziyan who in turn narrated the same to his brother Afaaq who told the accused on phone to come with money and had exchange of hot words with them which enraged the accused, due to which accused hatched conspiracy with each other to kill Ziyan and his brother Afaaq.
In view of the facts and circumstances and evidence collected offences under section 302,120-B RPC and 7/27 Arms Act were found established against accused Zaid while as offence under section 302 and 120-B RPC were found established against accused Faizan Fida Bhat and were arrested in the case.
Justice Islam said another important aspect for deciding the bail application in undertrial cases is the appreciation of evidence recorded during the trial.
Justice Islam while giving reference to the High Court judgement of J&K and Ladakh in case titled Mohammad Yousaf and Another vs UT of J&K, while dismissing a bail application in a murder case held that whether the evidence presented by the prosecution is credit worthy and reliable or not can not be determined while deciding bail.
Court said in view of the above the application filed by the accused for grant of bail is misconceived and not based on facts.
Court observed that the accused pleaded through counsel that he is innocent and has been falsely implicated in the case. Whereas, in comparative there to, he is accused of having committed a heinous offence which carries a punishment of Death or Life imprisonment.
”Bail certainly is not to be denied as a mark of punishment but having regard to the nature of the offences which the accused has committed and its impact on the society, at large, sometimes individual interest has got to give-in vis-a-vis the interest of pubic at large,” court said.
“Viewed thus the petitioner has not been able to make out a prima-facie case for grant of bail, as such, not entitled to bail. Bail application is therefore, rejected and stands disposed off,” Justice Islam directed.
However, court made it clear, that nothing stated herein shall have any bearing upon the merits of the case and observations made if any is solely for the disposal of the present application.
“The file after due compilation be made part of the charge sheet,” court directed.
