UNION TERRITORY THROUGH POLICE STATION BOMAI (HOME DEPARTMENT) (NIA /UAPA ACT) v. MOHAMMAD SHAFI LONE AND ANR.(NIA ACT)
CrlA(D)/11/2024 · 2026-07-28
A, Mohd Yousuf Wani
body2024
DailyLaw.ai
[ 2024 DAILYLAW 808 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 808 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (Through Virtual Mode)
CrlA(D) No. 11/2024
UT of J&K
…..Appellant(s)/Petitioner(s)
Through: Ms. Maha Majeed, assisting counsel vice Mr. Mohsin Qadiri, Sr. AAG
vs
Mohammad Shafi Lone & Anr.
.…. Respondent(s)
Through: Mr. B. A. Tak, Advocate
CORAM: HON’BLE THE CHIEF JUSTICE (ACTING) HON’BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE
ORDER 28.07.2026
1. This is an appeal by the UT of Jammu and Kashmir through Police Station Bomai, Sopore against an order dated 15.04.2023 passed by the Court of Special Judge, designated under NIA Act, Baramulla [the trial Court] in case titled “Union Territory of Jammu and Kashmir Vs. Aabid Mushtaq War and others” in FIR No. 74/2020 of Police Station Bomai for offences under Sections 13, 39 and ULA(P) Act, whereby the trial Court has admitted the respondents to bail. This appeal was filed on 14.02.2024 almost ten months after the passing of the impugned order. The respondents are at large since
15.04.2023. More than three years have passed and there is no allegation with regard to the respondents having misused the concession of bail or having delayed the trial in one manner or the other. When the order impugned was passed by the trial Court, 10 out of the total 17 prosecution witnesses were examined. During the Serial No. 04
2 CrlA(D) No. 11/2024
pendency of this appeal, five more witnesses have been examined. In this way, only two more witnesses are required to be examined and the trial would head towards finalisation.
2. Regard being had to the aforesaid factual position and keeping in view the conduct exhibited by the respondents while being on bail, we are not inclined to interfere with the order of grant of bail at this stage. We would rather allow the trial Court to wrap up the trial at the earliest so that the justice is finally served as per the evidence on record. Without going into legal validity or otherwise of the order impugned, we propose not to interfere with the impugned order. Ordered accordingly.
3. The appeal is dismissed.
(Mohd. Yousuf Wani) (Sanjeev Kumar)
Judge Chief Justice (A)
Jammu 28.07.2026 Vishal Sharma