HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Crl R No. 28/2022 SummeraBano …..Appellant(s)/Petitioner(s) Through: Mr. Adarsh Sharma, Advocate. q vs UT of J&K and Anr. .…. Respondent(s) Through: Mr. Mehtab Gulzar, Advocate vice Mr. Suneel Malhotra, GA. Coram: HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE ORDER 06.10.2025 01. Petitioner has invoked revisional jurisdiction of this Court for quashment of order dated 08.01.2022, passed by learned Principal Sessions Judge, Kathua [“the trial Court”], vide which the private respondent came to be enlarged on interim bail, in case titled “UT of J&K through Police Station Bani v. Zakir Hussain” for offences under Sections 376/458 IPC and Section 3 read with Section 4 of POCSO Act. 02. The petitioner is aggrieved of the impugned order on various grounds urged in the memo of petition. A perusal of the trial Court record received by this Court on 19.01.2024 reveals that prosecution had already examined six witnesses including the prosecutrix, out of 14 listed in the charge sheet. After the receipt of record by this Court, the trial Court must have made further headway and examined more prosecution witnesses. Sr. No. 46 2 Crl R No. 28/2022 03. Since statement of the prosecutrix and her father have already been recorded, it shall not be proper to withdraw the liberty granted by the trial Court in favour of the petitioner, at this length of the trial. 04. Hence, the present petition is disposed of and impugned order is upheld. 05. It is, however made clear that this Court has not made any observation on the merits of the case. (Rajesh Sekhri) Judge Jammu 06.10.2025 Sushant