Srinagar, Nov 10: The Jammu and 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.

Justice Shahzad Azeem passed the directions on November 6 while disposing of a petition filed by Reeta Devi through Sulekha Devi in connection with a murder case involving charges under Section 302 of the Ranbir Penal Code (RPC).
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.
During the hearing, counsel for the petitioner, Nikhil Padha, submitted that 38 out of the 42 prosecution witnesses had been examined, with only formal witnesses remaining. He argued that the progress of the trial and evidence recorded subsequently provided fresh grounds for seeking bail.
The petitioner’s earlier bail application had been rejected by the trial court on August 8, 2022.
Taking note of the submissions, the High Court observed that the entire evidence now available was not before the trial court when it rejected the earlier bail plea.
“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.
The court further noted that the trial court had no opportunity at that stage to consider the testimonies of witnesses examined subsequently.
The petitioner's counsel conceded that she could approach the trial court with a fresh bail application. The High Court accordingly granted her liberty to raise all available grounds, including the evidence recorded during the trial.
Padha also informed the court that an application seeking re-examination of an eyewitness, the deceased's daughter, was pending before the trial court.
Considering the submission, Justice Azeem directed the Additional Sessions Judge, Udhampur, to decide the application within four weeks.
The High Court clarified that it had not examined the merits of the bail plea, leaving the petitioner free to pursue fresh relief before the trial court.