Sikandar Hussain vs Khabib S — 2025 YLR 1434 SUPREME-COURT-AZAD-KASHMIR

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Sikandar Hussain VS Khabib S. 498---azad Penal Code (XLV of 1860), Ss. 302(b), 342, 34, 500, 501, 489-X & 489-Y---Qatl-i-amd, trespass, defamation, common intention, disrobing a female and taking photographs of her---ad interim pre-arrest bail, confirmation of---Cancellation of bail---allegations of grave and heinous nature---as per FIR, the respondents were accused of forcibly disrobing the victim in the basement of a school and taking explicit photographs of her and subsequently threatening to disseminate her photographs on social media---Prima facie, the allegations were of an exceptionally grave and heinous nature and there were reasonable grounds to believe that the respondents had committed the alleged offences against the victim---all the accused had been specifically named in the FIR, assigning distinct and specific roles to each thereby establishing their active involvement in the offence---Based on the facts and evidence presented, it could reasonably be inferred that accused-respondent had committed an offence punishable by death, imprisonment for life, or imprisonment for a term of up to ten years---In such cases, the provisions of S.497(1) of the Criminal Procedure Code were unequivocally applicable, precluding the grant of bail---Consequently, the benefit of S.497(2), Cr.P.C, could not be extended in this case, as there was no ambiguity regarding the role of the accused---In the present case, the matter did not fall within the ambit of further inquiry as per S.497(2), Cr.P.C---Thus, both the High Court and the Trial Court had committed a grave illegality in granting extraordinary concession of bail before arrest to the accused-respondents---Consequently, the orders granting bail were recalled and the judgments of the lower Courts were set aside---application for cancellation of bail was allowed, in circumstances.

Sikandar Hussain vs Khabib S — 2025 YLR 1434 SUPREME-COURT-AZAD-KASHMIR

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