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2025 DAILYLAW 1112 (JK)

ABDUL MAJID DAR AND ANR. v. UNION TERRITORY THROUGH POLICE STATION SOPORE (HOME)

CrlA(D)/7/2025 · 2026-07-08

A, Mohd Yousuf Wani

body2025

Judgment text

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Serial No.19 REGULAR CAUSE LIST HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CrlA(D) 7/2025 ABDUL MAJID DAR AND ANR. …Petitioner/Appellant(s) Through: Mr. Hussain Rashid, Advocate Vs. UNION TERRITORY THROUGH POLICE STATION SOPORE (HOME) ...Respondent(s) Through: Ms. Maha Majeed, Assisting Counsel vice Mr. Mohsin S. Qadri, Sr. AAG CORAM: HON’BLE THE CHIEF JUSTICE (ACTING) HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE ORDER 08.07.2026 1. Impugned in this appeal is an order dated 21.12.2024, passed by the Court of Sub Judge (Designated Court under UAPA) Baramulla, at Sopore [“the trial Court”] in a case titled “Ishfaq UT of J&K and Ors. Vs. Ahmad Khanday”, whereby the trial Court has rejected the bail application filed by the appellant in case FIR No. 237/2020 for offences under Sections 18, 19, 20, 23, and 39 of the Unlawful Activities (Prevention) Act (UAPA), Section 7/25 of the Arms Act, Section 307 IPC and Section 3 of the Explosive Substances Act. 2. At the time this appeal was filed, only 12 out of total of 16 witnesses were examined. Three more witnesses have since been examined, and only one prosecution witness is required to be examined. The matter has now been posted on 22nd of July, 2026. It is expected that the prosecution will produce the remaining evidence on 22nd of July, the date fixed in the matter so that the matter is taken up for final consideration. 3. In view of the fact that the trial is now at the final stage, it would not be appropriate to re-examine the order of rejection of bail which was passed on 21st of December, 2024. 4. This appeal is, accordingly, disposed of with a direction to the prosecution to necessarily produce the left-out one witness on 22nd of July, 2026, itself. The court shall complete the examination/cross-examination of the witness and set out the case for consideration and proceed expeditiously to dispose of the challan. 5. Having regard to the fact that the appellant is behind bars since 11th of September, 2020 (for more than five years), it would be meeting the ends of justice if the trial court makes a sincere effort to conclude the trial within two months from 22nd of July, 2026. Ordered accordingly. (Mohd Yousuf Wani) (Sanjeev Kumar) Judge Chief Justice (Acting) SRINAGAR: 08.07.2026 Aadil