Research › Search › Judgment

High Court of Jammu and Kashmir · body

2025 DAILYLAW 10482 (JK)

MOHAMMAD SHAFI RATHER v. UNION TERRITORY THROUGH DIRECTOR AND ORS. (ANTI CORRUPTION BUREAU)

CRM(M)/132/2022 · 2025-12-03

Sanjay Dhar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

27 Regular IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 132/2022 Bail App No. 451/2022 MOHAMMAD SHAFI RATHER ….. Petitioner (s) Through: Mr. Salih Pirzada, Adv. V/s UNION TERRITORY THROUGH DIRECTOR AND ORS. ….. Respondent(s) Through: Ms. Maha Majeed, Adv. Vice Mr. Mohsin Qadiri, Sr. AAG Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER 03.12.2025 1. Two different orders came to be passed in this case on 27.04.2022. Vide order passed in CRM(M) No. 132/2022, respondent- Investigating Agency was permitted to undertake investigation of the impugned FIR No. 05/2020 of Police Station, Anti-Corruption Bureau, Baramulla. It was provided that without permission of the Court, challan shall not be filed. Vide order passed in Bail App No. 451/2022, the petitioner was granted interim bail in anticipation of his arrest in the aforesaid FIR. The said order is still in force. 2. Mr. Farooq Ahmad, Deputy Superintendent of Police/ Investigating Officer is present in Court and he has submitted that investigation of the case is complete and after obtaining necessary sanction from the competent authority, challan would be filed against the petitioner. P a g e | 2 CRM(M) 132/2022 Bail App No. 451/2022 3. Having regard to this fact, interim anticipatory bail granted to the petitioner vide order dated 27.04.2022 is made absolute subject to conditions contained therein. The bail application stands disposed of accordingly. 4. Learned counsel for the petitioner has submitted that the petitioner would raise all the pleas that has been raised in the present petition before the competent court after filing of the challan at the time of arguments on charge. 5. In view of the above, the petition under Section 482 Cr.PC is disposed of with leave and liberty to the petitioner as above. It is further directed that the respondent/Investigating Agency shall be at liberty to file the final report before the competent court. (Sanjay Dhar) Judge SRINAGAR 03.12.2025 Aasif