DANISH AHMAD RESHI v. UNION TERRITORY THROUGH POLICE STATION ASHMUQAM (HOME DEPARTMENT)( NIA ACT )
CrlA(D)/25/2024 · 2025-02-11
Puneet Gupta, Sanjeev Kumar
body2025
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[ 2025 DAILYLAW 7007 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 7007 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 29 Regular Cause List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CrlA(D) No. 25/2024 CrlM No. 509/2024 Danish Ahmad Reshi … Appellant/Petitioner(s) Through: Mr. Mir Umar, Advocate
Vs. Union Territory Through Police Station Ashmuqam ...Respondent(s) Through: Mr. IlyasLaway, GA
CORAM:
HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE PUNEET GUPTA, JUDGE
ORDER 11.02.2025
1. On mention, the matter is taken up.
2. The present appeal filed under Section 21 of the National Investigation Agency (NIA) Act, 2008, is an order dated 12th December, 2023, passed by the learned Special Judge (Designated under NIA Act), Anantnag, [for short “the trial Court”] in case FIR No. 24/2021 registered at Police Station Ashmuqam, in the case titled “Danish Ahmad Reshi Vs Union Territory of Jammu and Kashmir, whereby the application moved by the appellant for grant of bail was rejected.
3.
Learned counsel for the appellant fairly submits that, as of 1st May, 2024, when this bail application came up for consideration, eighteen out of twenty-three prosecution witnesses stood examined, and only five prosecution witnesses were left to be examined. He further submits that this appeal has been pending before this Court for the last more than one year and, therefore, the rest of the witnesses may have been examined.
Earned counsel for the appellant states that he would feel satisfied if the bail application is disposed of with a direction to the learned trial Court to conclude the trial expeditiously.
4. Having considered the submissions of the learned counsel for the appellant and also taking note of the fact that the trial is at the verge of completion, it would not be appropriate to show indulgence at this stage. Accordingly, acceding to the request of the learned counsel for the appellant, this appeal is dismissed with a request to the trial Court to make an endeavor to conclude the trial within a period of four months from the date a copy of this order is served. We, however, make it clear that dismissal of this appeal shall not come in the way of the appellant to file a fresh application if the conclusion of trial is delayed beyond four months for any reasons.
(PUNEET GUPTA) (SANJEEV KUMAR) JUDGE
JUDGE SRINAGAR: 11.02.2025
“Mir Arif”
MIR ARIF MANZOOR I attest to the accuracy and authenticity of this document 13.02.25