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2025 DAILYLAW 7057 (JK)

SYED TAJAMUL HUSSAIN v. SHAKEEL AHMAD SOFI

CRM(M)/208/2025 · 2025-04-29

Sanjay Dhar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 155. Suppl Cause List. HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CrlM No. 478/2025 IN CRM (M) No. 208/2025 CrlM No. 479/2025. SYED TAJAMUL HUSSAIN . …Petitioner(s) Through: Mr. Abrar Khan, Advocate. VERSUS SHAKEEL AHMAD SOFI. …Respondent(s) CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE. ORDER 29.04.2025 01. The petitioner has challenged Order dated 18.04.2025 whereby the petitioner has been sent to the judicial custody. 02. Heard and considered. 03. It appears that the petitioner is facing criminal prosecution in a complaint filed by the respondent against him before the learned Chief Judicial Magistrate, Shopian under Section 138 of Negotiable Instruments Act. 04. A copy of the minutes of proceedings along with copy of petition has been produced by the learned counsel for the petitioner, a perusal whereof reveals that on 18.08.2025, the bail of the petitioner has been cancelled by the learned trial Magistrate and non-bailable warrants of arrest have been issued against him. It appears that pursuant to the non-bailable warrants of arrest issued against the petitioner, he was arrested and produced before the court below on 18.04.2025 and on the said date he was sent to the judicial custody. 05. Once the bail bonds of the petitioner were cancelled, it was incumbent upon him to file an application for grant of fresh bail and in its absence, the trial Magistrate has rightly remanded the petitioner to the judicial custody. 06. At this stage, learned counsel for the petitioner submits that the petitioner has moved an application for grant of bail before the trial Magistrate. If that be so, the trial Magistrate shall dispose of and decide the said application of the petitioner most expeditiously, preferably within a period of three days from the date a copy of this order is made available to the learned trial Magistrate. 07. Disposed of along with connected CM(s). 08. A copy of this order be sent to the learned trial Magistrate for information and compliance. (Sanjay Dhar) Judge SRINAGAR 29.04.2025 Showkat Khan