ILIYAS AHMAD RESHI v. UNION TERRITORY OF J AND K AND ORS. (HOME)
CrlA(D)/93/2025 · 2025-11-14
Sanjay Parihar, Sanjeev Kumar
body2025
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[ 2025 DAILYLAW 13250 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 13250 (JK) · dailylaw.ai ]
Judgment text
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Serial No.32 SUPPL. CAUSE LIST-I
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CrlA(D) 93/2025 CrlM(1763/2025) Iliyas Ahmad Reshi …Appellant(s)
Through: Mr. Salih Pirzada, Advocate & Ms. Syed Ainain Qadiri, Advocate Vs. Union Territory of J&K and Ors. ...Respondent(s) Through: Mr. Mohsin Qadri, Sr. AAG with Mr. Mohd Younis Hafiz, Assisting Counsel
CORAM:
HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
ORDER 14.11.2025
1. Impugned in this appeal filed by the appellant under Section 21 of the National Investigation Agency Act, 2008 is an order dated 23rd October, 2025, whereby the Court of learned Additional Sessions Judge (Special Court designated under NIA Act) has granted interim bail to the appellant on medical grounds, subject to certain terms and conditions.
2. The impugned order is assailed by the appellant to the extent of Condition No. <(vi)= whereby the appellant has been restrained from seeking further extension of bail. It is contended that the said condition is arbitrary, unreasonable and violative of the Articles 14 and 21 of the Constitution of India.
MIR ARIF MANZOOR I attest to the accuracy and authenticity of this document 14.11.25
3. Having heard learned counsel for the parties and perused the material on record, we are of the considered opinion that the impugned order passed by the learned Special Judge, NIA which grants bail to the appellant cannot be found fault with. However, with regard to Condition No. <(vi)= we are of the opinion that the appellant cannot be restrained from availing extension of the bail granted. It shall, however, remain within the discretion of the court concerned to either grant extension or not, depending upon merits of such request.
4. For the foregoing reasons, we dispose of this appeal by providing that the appellant shall be at liberty to apply for extension of interim bail which has been granted by the court below up to 15th November, 2025 on medical grounds, upon surrendering before the court concerned.
5. Needless to say, that in the event such an application is filed by the appellant, the same shall be considered on its own merits and in accordance with law.
6.
Disposed of.
(SANJAY PARIHAR) (SANJEEV KUMAR)
JUDGE
JUDGE
SRINAGAR: 14.11.2025 <Mir Arif= MIR ARIF MANZOOR I attest to the accuracy and authenticity of this document 14.11.25