The Jammu & Kashmir and Ladakh High Court recently granted bail to a former policeman arrested in 2006 for murdering a man and falsely presenting him as a terrorist [Bansi Lal vs UT of J&K].
Justice Atul Sreedharan expressed shock that the trial was still incomplete, noting that only 28 out of 72 witnesses had been examined over the past seventeen years.
“This Court is astounded by the facts of this case. This is a clear-cut case of violation of Article 21 due to the 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 informed the Court that he has been in judicial custody for the past 18 years and has only been out on bail for a few months.
Considering the circumstances, the Court granted bail and ordered Lal’s immediate release.
“The applicant is to be released on bail forthwith upon furnishing a personal bond of ₹50,000 and one surety of the like amount to the satisfaction of the Registrar Judicial,” the Court ordered.
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 was shifted to Jammu last year after the State did not seriously oppose a joint petition moved before the High Court by four accused, including Lal.
Senior Advocate Sunil Seth and Advocate Shanum Gupta represented the accused, while Deputy Advocate General PD Singh represented the Union Territory of Jammu and Kashmir.
