Women Accused in Non-Bailable Offences Form a Distinct Class; Courts Not Constrained by Rigour of Section 437 CrPC: High Court of Jammu & Kashmir and Ladakh

The Jammu and Kashmir and Ladakh High Court recently granted bail to three women undertrials—Saleema Bano, Reshma, and Rubina—who were accused in a murder case. The court emphasized that women accused of non-bailable offences constitute a distinct class deserving special judicial consideration under the proviso to Section 437(1) of the Code of Criminal Procedure, 1973 (CrPC). The bench of Justice Rahul Bharti observed that courts must not allow themselves to…