SRINAGAR: The Jammu Kashmir and Ladakh High Court has granted a woman facing trial in a murder case liberty to file a fresh bail application before the trial court, directing the Additional Sessions Judge, Udhampur, to decide the plea expeditiously, preferably within four weeks of its filing.
The High Court also directed the trial court to decide within the same period an application seeking re-examination of an eyewitness, who is the daughter of the deceased.
The directions were passed by Justice Shahzad Azeem on November 6, 2026, while disposing of a bail application filed by Reeta Devi through Sulekha Devi in connection with a case in which she is facing trial for offences including Section 302 of the Ranbir Penal Code (RPC).
The petitioner had earlier approached the trial court seeking bail, but her application was rejected on August 8, 2022.
During the hearing before the High Court, counsel for the petitioner, Nikhil Padha, submitted that 38 out of the 42 prosecution witnesses listed in the case had been examined, with only formal witnesses remaining to be examined.
The counsel argued that the progress of the trial and the evidence recorded so far provided fresh grounds for seeking bail.
The court observed that when the earlier bail application was considered and rejected by the trial court on August 8, 2022, the entire evidence now available had not been placed before it.
“There is no denying the fact that when the learned trial court had considered and rejected the earlier bail application vide order dated 08.08.2022, entire set of evidence available on date was not before the trial court,” the court observed.
It further noted that the trial court had, therefore, had no occasion to consider the testimonies of the witnesses recorded subsequently.
When confronted with this aspect, the petitioner’s counsel fairly conceded that the petitioner could approach the trial court with a fresh bail application. The High Court took the statement on record and disposed of the petition, granting her liberty to raise all available grounds, including the testimonies of witnesses examined during the trial.
The court directed the trial court to consider the fresh bail application expeditiously, preferably within four weeks from the date of its filing.
During the proceedings, Padha also informed the High Court that an application seeking re-examination of one of the eyewitnesses, who happens to be the daughter of the deceased, was pending before the trial court.
Seeking appropriate directions for its early disposal, the counsel urged the High Court to intervene in the matter.
Taking note of the submission, Justice Azeem observed that an expeditious decision was necessary to meet the ends of justice and directed the trial court to deal with the re-examination application and decide it within four weeks as well.
The High Court accordingly disposed of the bail petition without deciding the question of bail on merits, leaving the petitioner at liberty to pursue a fresh application before the trial court.
