UNION TERRITORY OF J AND K THROUGH STATION HOUSE OFFICER POLICE STATION RAJPORA PULWAMA (NIA) v. SARVAR AHMAD MIR
CrlA(D)/40/2024 · 2025-07-28
Sanjay Parihar, Sanjeev Kumar
body2025
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[ 2025 DAILYLAW 7770 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 7770 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 11 REGULAR LIST
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CrlM(816/2024) IN CrlA(D) 40/2024 UNION TERRITORY OF J AND K THROUGH STATION HOUSE OFFICER POLICE STATION RAJPORA PULWAMA (NIA) …Petitioner/Appellant(s) Through: Ms. Nowbahar Khan, Assisting Counsel vice Mr. Mohsin Qadri, Sr. AAG Vs.
SARVAR AHMAD MIR ...Respondent(s) Through: None
CORAM:
HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE.
HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE.
ORDER 28.07.2025
CrlM (816/2024)
This is an application seeking condonation of delay of 169 days in filing the appeal.
The application for the reasons stated therein is allowed and the delay in filing the appeal is condoned.
CrlM No. 816/2024, is disposed of.
CrlA(D) 40/2024
1. This is an appeal by UT of J&K challenging an order dated 29-11- 2023 passed by the Court of Special Judge designated under NIA Act, Pulwama [“the trial Court”] in case FIR No. 206/2021 titled
“UT of J&K vs. Sarvar Ahmad Mir”.
2. The impugned order is assailed by the appellant primarily on the ground that the trial Court has not appreciated the matter in its
right perspective and has erred in granting bail to the respondent, overlooking the rigors of Section 43-D of the ULA(P) Act.
3. We have gone through the impugned order and find that the order passed by the trial Court is comprehensive and takes care of evidence recorded in the trial. Out of 11 cited witnesses, 07 witnesses stood examined when the impugned order was passed by the trial Court on 29-11-2023. We are sure that during the last two years, some more witnesses must have been examined and the trial is nearing its completion. That apart, it has also come on record that after the release of the respondent on bail, he was again taken into custody in connection with FIR No. 139 of 2023 under Section 18, 18-B, 23, 38, 39 and 40 of UAP Act registered at Police Station Tral.
4. For the foregoing reasons and having regard to the fact that the trial is now nearing completion and also that the order passed by the trial Court does not suffer from any illegality and infirmity, we find no merit in this appeal and the same is accordingly, dismissed.
(SANJAY PARIHAR) (SANJEEV KUMAR)
JUDGE
JUDGE
SRINAGAR: 28.07.2025 Akhil Dev Whether the order is reportable/speaking? Yes/No.