HC grants bail to murder accused after 14 years, cites violation of right to speedy trial

10/07/2026

SRINAGAR, Jul 9: The High Court of Jammu & Kashmir and Ladakh has granted bail to an accused in a 2012 murder case after observing that his incarceration for nearly 14 years without conclusion of trial violated his fundamental right to a speedy trial.
Justice Sanjay Dhar passed the order while allowing Bail Application No. 61/2025 filed by Muneer Aziz War in connection with FIR No. 59/2012 registered at Police Station Batamaloo under Sections 302 and 201 of the Ranbir Penal Code (RPC).
According to the prosecution, Wali Mohammad Hajam went missing in May 2012 and was later found murdered. During the investigation, War, who was allegedly serving as the Imam of Masjid Salafia, Batamaloo, was implicated in the case. The prosecution also alleged that the victim's body was recovered from an open plot in Firdous Abad, Batamaloo, and that the weapon of offence, a sword, was recovered during the investigation.
Counsel for the petitioner, Advocate Parvaiz Nazir, argued that the accused had remained in judicial custody since June 9, 2012, and despite nearly 14 years of incarceration, the trial had not concluded. He submitted that the prolonged delay amounted to a violation of the constitutional guarantee of a speedy trial.
Opposing the plea, Senior Additional Advocate General Mohsin Qadiri, assisted by Maha Majeed, contended that the petitioner was facing charges in a serious offence punishable with death or life imprisonment and that sufficient material existed to establish a prima facie case against him.
After examining the record, the High Court noted that although the charge sheet had been filed in August 2012 and charges framed in September that year, only 20 of the 23 prosecution witnesses had been examined over more than 13 years, while three witnesses were yet to depose.
The Court observed that the delay in concluding the trial was largely attributable to the prosecution. It also noted that despite repeated directions, key witnesses, including the investigating officer and the doctor, had not been produced before the trial court.
Justice Dhar observed that police officers and other officials are duty-bound to assist in ensuring expeditious criminal trials and that failure to appear as witnesses contributes to prolonged proceedings.
Relying on Supreme Court judgments, including Union of India vs K.A. Najeeb and Syed Iftikhar Andrabi vs UT of J&K, the Court held that prolonged incarceration of an undertrial with no likelihood of an early conclusion of trial infringes the fundamental right to a speedy trial.
Allowing the bail application, the Court directed the release of the accused on furnishing a personal bond and two local sureties of Rs. 1 lakh each to the satisfaction of the trial court.
The High Court also directed the accused to surrender his passport, refrain from leaving the Union Territory of Jammu and Kashmir without prior permission of the trial court, avoid influencing witnesses or tampering with evidence, and appear before the trial court on every date of hearing.

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