Srinagar: While granting bail to a man accused of offence under Protection of Children from Sexual Offences (POCSO) Act, 2012, the High Court of J&K and Ladakh has observed that an under-trial prisoner cannot be detained for a period more than one-half of the maximum punishment prescribed for the offence for which he has taken into custody.
A bench of Justice Sanjay Dhar while granting bail to one, Ravi Kumar said: “Upon expiry of the period, he has to be released by court on personal bond with or without sureties”. Kumar is accused in a case under sections 363 and 109 of IPC and Section 8 of the POCSO Act registered with the Police Station, Vijaypur Jammu. Kumar was arrested on April 27, 2020 in connection with the case.
After approaching the trial court, Kumar’s bail plea was dismissed by the court in terms of order dated 28 June 2022 on the ground that the statement of the prosecutrix (victim) was yet to be recorded.
On December 22, 2022, he again filed a fresh bail application and the same was dismissed by the court on the ground that only three witnesses had been examined by the prosecution and that the statement of the victim was yet to be recorded.
The Court observed that Kumar is facing trial for offence under section 8 of the POCSO Act and the said offence carries maximum punishment of imprisonment of five years. The court noted that Kumar 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 Court pointed out that the consideration of Kumar’s plea for bail cannot be deferred indefinitely simply because the prosecutrix/victim is keeping herself away from appearing in court. The Court said that 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 stepping into the witness box”.
“This conduct of the victim is sufficient to entitle the petitioner to concession of bail,” Court said and granted bail to Kumar 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.