By M Ahmad
Srinagar- The High Court of J&K and Ladakh has said that an undertrial prisoner cannot be detained for a period more than one-half of the maximum punishment period of imprisonment specified in the offence in which he has been taken into custody.
“Upon expiry of the period, he has to be released by court on personal bond with or without sureties,” a bench of Justice Sanjay Dhar while granting bail to one person, Ravi Kumar, accused in a case under sections 363 and 109 IPC and Section 8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) registered with Police Station, Vijaypur Jammu.
As per the record produced before the court, Ravi was arrested on 27 April 2020 in connection with the case.
The petitioner had approached the trial court by way of a bail application but the same was dismissed by the trial court in terms of order dated 28 June 2022 on the ground that the statement of the prosecutrix is yet to be recorded.
Ravi again moved the trial court and filed fresh bail application on 21 December 2022 and the same was dismissed again on the ground that only three witnesses have been examined by the prosecution and that the statement of the victim was yet to be recorded.
“The petitioner (Ravi) is facing trial for offence under section 8 of the POCSO Act. The said offence carries maximum punishment of imprisonment of five years,” the court said, adding, “As already noted, the petitioner has been in custody in the instant case since 24.04.2020, meaning thereby that he has spent more than three years in custody as on date.”
The consideration of petitioner’s plea for bail, the court said, cannot be deferred indefinitely simply because the prosecutrix/victim is keeping herself away from appearing in court. “It is not the case of the prosecution that trial is being delayed because of the conduct of the accused but it is a case where the victim is avoiding to step into the witness box,” the court said, adding, “This conduct of the victim is sufficient to entitle the petitioner to concession of bail.”
Subsequently, the court granted bail to Ravi on furnishing personal bond in the amount of Rs.50,000 with one surety of the like amount to the satisfaction of the trial court.
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