Srinagar: After spending nearly 14 years in custody awaiting conclusion of his trial, a religious cleric (Imam) accused of murdering a man in 2012 over an allegedly love affair involving a young woman, has been granted bail by the High Court of Jammu & Kashmir and Ladakh.
The High Court held that the prolonged delay in the trial, largely attributable to the prosecution, violated the accused’s fundamental right to a speedy trial, while clarifying that the criminal case against him will continue.
Justice Sanjay Dhar passed the order while allowing the bail application of Muneer Aziz War (Imam), who is facing trial in FIR No. 59/2012 registered at Police Station Batamaloo under Sections 302 and 201 of the Ranbir Penal Code.
The court observed that its findings were confined to deciding the bail plea and would have no bearing on the merits of the ongoing trial.
According to the prosecution, the accused was serving as Imam of Masjid Salafia at Firdousabad, Batamaloo, and had developed a relationship with a woman living nearby. Investigators alleged that the victim, Wali Mohammad Hajam, frequently visited the woman’s house and had also expressed affection towards her.
The prosecution claimed that the accused viewed the deceased as a rival and allegedly planned his murder to remove him from his way.
The prosecution further alleged that on the night of May 13, 2012, the accused lured the victim to his room, fatally attacked him with a sword and later, with the assistance of a co-accused, disposed of the body in an open plot.
During investigation, police claimed to have recovered the body and the alleged weapon of offence on the basis of disclosure statements made by the accused. The accused has denied the allegations and is facing trial before the competent court.
While considering the bail plea, the High Court noted that although charges were framed in September 2012, only 20 of the 23 prosecution witnesses have been examined in over 13 years.
The remaining witnesses, including the investigating officer and the doctor, are yet to testify despite repeated court directions, with the delay being primarily attributed to the prosecution.
Relying on a series of Supreme Court judgments, including K.A. Najeeb and the recent Syed Iftikhar Andrabi decision, Justice Dhar held that prolonged incarceration without the likelihood of an early conclusion of the trial warranted the grant of bail, even in a murder case.
The court observed that continued detention under such circumstances would amount to violation of the accused’s constitutional right to a speedy trial.
The court directed the accused to furnish a personal bond of Rs one lakh with two local sureties, surrender his passport, refrain from influencing witnesses or tampering with evidence, and appear before the trial court on every date of hearing.
The trial will continue before the competent court.
