The Jammu and Kashmir and Ladakh High Court recently granted bail to a former policeman who was arrested in 2006 for murdering a man and then projecting him as a militant.
Justice Atul Sreedharan expressed shock over the fact the trial was yet to be completed, as it noted that out of the 72 witnesses, only 28 had been examined in the past seventeen years.
“This Court is astound[ed] 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,” the judge said in the order dated July 3.
The 56-year-old accused, Bansi Lal moved the Court this year through his wife seeking bail.
His counsel told the Court that he has been in judicial custody for the past 18 years and has never come out on bail except for a few months.
Considering the circumstances, the Court allowed the bail and said Lal be released immediately.
“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,” ordered the Court.
The case against Lal and other police officials was initially registered at Sumbal Police Station in Kashmir valley where the alleged fake encounter took place in 2006.
The trial against the cops was shifted to Jammu last year after the State did not “seriously oppose” the joint petition moved before the High Court by four accused including Lal.
Senior Advocate Sunil Seth and advocate Shanum Gupta represented the accused.
Deputy Advocate General PD Singh represented the Union Territory of Jammu and Kashmir.