Jammu and Kashmir High Court
CRM(M)/422/2020 of AMINA KOUSER TH HER FATHER Vs THE UNION TERRITORY OF J AND K TH PR SECY HOME AND ORS on 31 December 2020
107 Admission HIGH COURT OF JAMMU AND KASHMIR AT JAMMU (THROUGH VIRTUAL MODE) CRM (M) No. 422/2020 CrlM Nos. 1605/2020 & 1606/2020 Ms. XXXX .....Petitioner(s) Through :- Mr. Suyash Singh Chandel, Advocate. V/s U.T. of J&K and others .....Respondent(s) Through :- Mr. A . M. Malik, Dy. AG.
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU (THROUGH VIRTUAL MODE)
CRM (M) No. 422/2020 CrlM Nos. 1605/2020 & 1606/2020
Ms. XXXX
.....Petitioner(s)
Through :- Mr. Suyash Singh Chandel, Advocate.
V/s
U.T. of J&K and others
.....Respondent(s)
Through :- Mr. A. M. Malik, Dy. AG.
Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE
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ORDER
Through the medium of the instant petition, the petitioner is seeking quashment of order dated 07.11.2020 read with the order dated 10.11.2020 passed by the learned Principal Sessions Judge, Rajouri, whereby respondent Nos. 3 to 6 have been enlarged on bail in FIR No. 148/2020 for offences under Sections 341/354/323/34 IPC and 8 POCSO Act.
The ground urged by the petitioner/victim in this petition is that the learned Sessions Judge, while admitting the accused to bail, did not consider the gravity of the offences for which the accused have been booked. It is further contended that the petitioner/victim is a child aged thirteen years and this fact has also not been taken into account by the learned Sessions Judge.
In view of the law laid down by this Court in the case of Badri Nath Vs. U.T of J&K (Bail App No. 139/2020 decided on 11.12.2020), it is mandatory for a Special Court to issue notice to the victim or Child Welfare Committee before considering the bail application in a case registered for offences under POCSO Act.
Therefore, without going into the merits of the grounds urged herein, the petition is disposed of with a direction to the learned Special Court, Rajouri to hear the petitioner/victim as well as the accused and pass a fresh order in the bail application of the accused. The petitioner/victim is at liberty to lay a motion before the learned Special Court in this regard. The order of the learned Special Court granting bail to the accused shall remain in force till a fresh order is passed by the said court pursuant to the aforesaid directions.
The petition stands disposed of, accordingly.
(SANJAY DHAR)
JUDGE
Jammu 31.12.2020 Shivalee