ABRAR GULZAR KHAN v. UNION TERRRITORY OF J AND K AND ORS (HOME DEPARTMENT ) (NIA ACT)
CrlA(D)/2/2023 · 2025-02-10
Puneet Gupta, Sanjeev Kumar
body2025
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[ 2025 DAILYLAW 6100 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 6100 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 22 REGULAR CAUSELIST
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CrlA(D) 2/2023 Abrar Gulzar Khan. …Appellant(s) Through: Mr. Javaid Ahmad Parray, Advocate. Vs. Union Territory of J&K and Others. ...Respondent(s) Through: Mr. Abdul Rashid Malik, Sr. AAG with Mr. Rahella Khan, Advocate
CORAM: Hon’ble Mr. Justice Sanjeev Kumar, Judge. Hon’ble Mr. Justice Puneet Gupta, Judge.
ORDE R 10.02.2025
1. This appeal has been filed in terms of Section 21 of the National Investigation Agency (NIA) Act, 2008, by the appellant namely AbrarGulzar Khan, to throw challenge to an order dated 12th November, 2022, passed by the Additional Sessions Judge, Baramulla (Designated Special Judge under Section 22 of the NIA Act) [“hereinafter referred as the trial Court”], whereby the application of the appellant for grant of bail in case FIR No. 74/2020, registered at Police Station Bandipora, has been rejected.
2. The learned counsel for the appellant fairly submits that during the pendency of this appeal, the trial has progressed, and only one prosecution witness remains to be examined. It is further submitted that,considering the nature of the evidence on record, there is hardly any need to lead any defence evidence.
3. Be that as it may, the fact remains that the trial is at the verge of completion and, therefore, there is hardly any need to show indulgence at this stage. However, since the appellant has reportedly been in jail for the last more than five years, as such, it would be apt to request the trial Court to wind up the trial as early as possible.
4. The bail application is, therefore, dismissed. However, the Trial Court is requested to expedite the trial and make an endeavor to conclude the same within a period of three months from today provided the appellant does not seek to lead defence evidence.
(Puneet Gupta) (Sanjeev Kumar)
Judge
Judge SRINAGAR: 10.02.2025
“MIR ARIF”
MIR ARIF MANZOOR I attest to the accuracy and authenticity of this document 12.02.25