The Jammu & Kashmir and Ladakh High Court granted bail to the Petitioner who was accused of killing his wife. The Court took into consideration the fact that there are two minor daughters of the Petitioner who have suffered the loss of their mother and now if the Petitioner was not granted bail, would suffer from the agony of an absent father.

“This Court cannot escape from the sensitivity of the situation that two minor daughters while on the one hand had come to suffer the loss of their mother for all times to come and on the other hand are suffering the absence of their father who by virtue of detainment, is not to be assumed to be able to attend their welfare and well-being in terms of needs of their daily life.”

The Petitioner was arraigned along with another Accused at the instance of a complaint filed by the deceased’s brother alleging that the Petitioner killed his wife.

The Petitioner had contended that his marriage with his wife had lasted for more than 7 years and therefore, the possibility of presumption of guilt against him was ruled out.

Concurring with the plea of the Petitioner and in the interest of justice, Hon’ble Justice Rahul Bharti opined that the Petitioner has to be presumed to be innocent until proven guilty.  To ensure that the minors are not put through difficult situations, especially when they have done nothing wrong, the High Court granted bail to the Petitioner so that he can provide means of sustenance to the minors.

“..Enable this Court to grant bail in favour of the Petitioner for the purpose of enabling him to resume his occupation for earning his livelihood for the purpose of providing care and custody of his two minor daughters who otherwise are going to suffer rough side of life for no fault of their part as long as the Petitioner continue to suffer custody in connection with his trial.”

Hence, bail was granted by the Bench subject to furnishing of bond and certain other conditions such as attending court proceedings as and when required, not influencing any unexamined witness etc. 

Case Title: Sham Lal v. UT of J&K

Coram: Hon’ble Mr. Justice Rahul Bharti

Case No.: Bail App No. 345/2022

Advocates for Petitioner: Advs. Mr. M.K. Bhardwaj, Mr. Gagan Kohli

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