UNION TERRITORY THROUGH POLICE STATION CHADOORA (HOME DEPARTMENT) v. JAVAID GULL AND ORS.
Court: High Court of Jammu and Kashmir
Bench: HON'BLE MR. JUSTICE SANJEEV KUMAR,HON'BLE MR. JUSTICE SANJAY PARIHAR
Judgment date:
Case summary
High Court of Jammu and Kashmir judgment dated 2025-05-02. UNION TERRITORY THROUGH POLICE STATION CHADOORA (HOME DEPARTMENT) v. JAVAID GULL AND ORS. Read...
Judgment text
Sr. No. 16 Regular List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CrlA(D) 32/2022 U. T THROUGH POLICE STATION CHADOORA ... APPELLANT(S) Through: - Ms. Maha Majeed, Assisting Counsel vice Mr. Mohsin Qadri, Sr. AAG Vs. JAVAID GULL AND ORS. …RESPONDENT(S) Through:- Ms. Shahnaza, Advocate CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER 02. 05. 2025 1. Impugned in this appeal filed by the Union Territory of Jammu and Kashmir under Section 21 of the NIA Act is an th order dated 10 May, 2022, passed by the Court of Special Judge designated under NIA Act, Srinagar [for short “the trial Court”] in case titled “State through P/S Chadoora Vs. Showkat Ahmad Ganie and Ors. ”, whereby the trial Court has granted bail to the respondents No. 1 and 2 in case FIR No. 115/2019 under Sections 16/18/19/20/23/38 UAP Act, 307-IPC and 7/27 under Indian Arms Act. 2. This bail was granted to the respondents No.
1 and 2 way back on 10th May, 2022, and ever since both the accused are on bail and attending the trial. It is not the case of the prosecution that after availing the concession of appeal the respondents No. 1 and 2 have either jumped the conditions of the bail or have failed to cooperate in the trial. Otherwise also the prosecution has already examined twenty-one witnesses out of twenty-nine witnesses and, therefore, the trial is near completion. 3. We have also gone through the impugned order passed by the trial Court and are of the view that this is not the stage where the indulgence of this Court would be called for. We, therefore, decline to interfere with the impugned order passed by the trial Court. The appeal is, therefore, dismissed. (SANJAY PARIHAR) (SANJEEV KUMAR) JUDGE JUDGE Srinagar, 02. 05. 2025 “Mir Arif”
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