Supreme Court grants bail to a dowry death case accused due to prolonged delay by Jammu & Kashmir High Court. The accused had been in jail for nearly eight years, and despite a prior directive, the High Court failed to decide on the bail plea promptly.
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Srinagar: The Supreme Court, on February 26, granted bail to a man accused in a dowry death case, expressing concern over the prolonged pendency of his bail plea before the High Court of Jammu and Kashmir and Ladakh. Justices BR Gavai, Rajesh Bindal, and Sandeep Mehta acknowledged the accused’s nearly eight-year incarceration and the sluggish progress of the criminal trial.
The court emphasized-
“The petitioner has been incarcerated in jail for a period of almost eight years. Taking into consideration this fact and the speed at which the trial is proceeding, we are inclined to grant bail in spite of the pendency of the matter before the High Court.”
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The bail applicant had initially approached the Supreme Court, highlighting the six-month delay in the High Court’s decision on his bail plea. The top court, on January 30, 2024, directed the High Court to expedite the decision, expressing dissatisfaction with the pace.
The court emphasized-
“We fail to appreciate the speed at which the High Court is dealing in the matter pertaining to the personal liberty of a citizen. The bail matter ought to be decided as expeditiously as possible.”
Despite the directive, the bail plea remained pending before the High Court, leading the Supreme Court to intervene. On February 23, the High Court listing was adjourned due to time constraints. Consequently, the Supreme Court proceeded to decide on the bail plea, eventually granting the accused man’s release on bail.
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Representing the bail applicant were Advocates Ranjeet Kumar, Simanta Kumar, Bipin Kumar Jha, Mithlesh Kumar, Jaya Kiran, Jyoti Singh, and Pratab Singh Nerwal. Advocates Parth Awasthi, Pashupati Nath Razdan, Maitreye Jagat Joshi, and Astik Gupta appeared for the Jammu and Kashmir government. The court’s decision underscores the need for an expeditious resolution of matters affecting personal liberty and the timely dispensation of justice.
CASE TITLE: Arjun Kattal vs. The State of Jammu and Kashmir
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