Srinagar- Mere passage of time or duration of incarceration during trial cannot, in isolation, constitute sufficient grounds for granting bail, High Court of J&K and Ladakh has said.

A bench of Justice Wasim Sadiq Nargal made the observation while rejecting bail plea filed by 40-year-old Tarun Sharma, a resident of Udhampur.

Sharma has been accused of murdering Amit Gupta of Shakti Nagar, Udhampur, on 20 October 2022 and as per the prosecution the motive behind the offence stemmed from a financial dispute between him and the deceased. Gupta had allegedly paid an amount of Rs 10,000 to Rs 12,000 to Sharma who, being unable to return the money, committed the crime out of frustration and to escape liability.

“It is pertinent to note that mere passage of time or duration of incarceration during trial cannot, in isolation, constitute sufficient ground for granting bail, particularly in cases involving grave and heinous offences punishable with death or life imprisonment.”

The court also underlined that it was a settled position that when there is prima facie material suggesting the involvement of the accused in a serious offence, bail may be denied to prevent the risk of tampering with evidence or influencing witnesses.

“In this case, several key witnesses remain to be examined. The trial is ongoing, and releasing the petitioner on bail at this critical stage may prejudice the proceedings.”

The Court concluded that the order passed by the Session Judge denying bail was not unlawful, irrational or a failure to apply judicial reasoning.“On the contrary, the reasoning therein is cogent, legally sound and supported by judicial precedents.”

While Sharma had raised the issue of delay in the trial, the court said that“the same cannot be viewed in isolation.”

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