JK Court Grants Bail to Former Policeman After 18-Year Custody

JK Court Grants Bail to Former Policeman After 18-Year Custody

Ashiq Butt | July 5, 2024 | 05:16 PM IST | Courts & Law, Jammu Kashmir, Srinagar | Follow on Google News

JK Court Grants Bail to Former Policeman After 18-Year Custody

JK Court Grants Bail to Former Policeman After 18-Year Custody

SRINAGAR :- The Jammu and Kashmir and Ladakh High Court has granted bail to a former policeman who was arrested in 2006 for murdering a man and projecting him as a militant. Justice Atul Sreedharan expressed shock at the protracted trial, noting that only 28 out of 72 witnesses had been examined over the past seventeen years.

Justice Sreedharan remarked on the severe delay, calling it a clear violation of Article 21, which guarantees the right to a speedy trial. “This Court is astounded by the facts of this case. This is a clear cut case of violation of Article 21 on account of delayed trial.

The trial is delayed at the stage of prosecution witnesses. The State is unable to show how the delay could be attributed to the applicant,” stated the judge in the order dated July 3.

The 56-year-old accused, Bansi Lal, sought bail through his wife this year. His counsel highlighted that Lal had been in judicial custody for the past 18 years, with only a few months out on bail during this period. Considering these circumstances, the Court decided to grant bail and ordered Lal’s immediate release.

Court Orders Immediate Release on Bail

The Court’s order specified, “The applicant is to be released on bail forthwith upon furnishing personal bond of ₹50,000 and one surety of the like amount to the satisfaction of the Registrar Judicial.”

The case against Lal and other police officials originated from a fake encounter incident in 2006, initially registered at Sumbal Police Station in the Kashmir valley. Last year, the trial was shifted to Jammu after the State did not “seriously oppose” a joint petition by four accused, including Lal.

Legal Representation and Trial Proceedings

Senior Advocate Sunil Seth and advocate Shanum Gupta represented the accused, while Deputy Advocate General PD Singh represented the Union Territory of Jammu and Kashmir.

This case highlights significant issues within the judicial system, particularly the excessive delays that can infringe on fundamental rights. The Court’s decision to grant bail underscores the importance of timely justice and the protection of individual rights as enshrined in the Constitution.

Ashiq Butt

Ashiq Butt – is VoM News's senior staffer worked since year 2015 and he deals with correspondency and social media handles. Hailing from Doda's Marmat, Ashiq has strong grip over the collection of the data and it's compiling feature.