Serial No. 35 Regular Cause List. HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 298/2021 CrlM (1046/2021) CrlM (1556/2024). MUSHTAQ AHMAD MALIK. …Petitioner(s) Through: Mr. Sheikh Manzoor, Advocate. VERSUS SR. SUPERINTENDENT OF POLICE KUPWARA AND ORS. Through: Mr. Faheem Nisar Shah, GA Mr. Parvaiz Lone, Advocate. …Respondent(s) CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE. ORDER 27.05.2025 01. The petitioner, through the medium of the present petition, has sought quashment of Order dated 7th of September, 2021 passed by the learned Additional Sessions Judge, Kupwara, whereby the bail has been granted to Respondent No. 4 in connection with case bearing FIR No. 91 of 2021 of Police Station Kralpora. 02. The grounds urged for impugning the aforesaid Order of the learned Additional Sessions Judge, Kupwara is that the said Court has, while granting bail to the accused/ Respondent No. 4 herein, observed that offences under Sections 3/4 of POCSO Act are not made out against him. It has been submitted that the observations made by the learned Additional Sessions Judge are contrary to the facts established during the course of investigation of the case. It has been further submitted that even the prosecutrix, while making her statement under Section 164 of CrPC, had clearly implicated the accused/ Respondent No.4 herein for having committed offenses under Sections 3/4 of the POCSO Act. 04. Status Report filed by the Respondent-Investigating Agency indicates that after investigation of the case, instead of Section 366 IPC, offense under Section 363 IPC has been found established against the accused/ Respondent No. 4 herein and besides this, offenses under Sections 3/4 of POCSO Act are also found established against him. It has also been submitted that the Challan for commission of offenses punishable under Sections 363 IPC and 3/4 of the POCSO Act stands laid before the learned Fast Track Court, Kupwara on 16th of September, 2021 against the accused/ Respondent No. 4 herein. 05. A perusal of the Trial Court record would reveal that the learned Fast Track Court, Kupwara has, vide its Order dated 22nd of September 2021, submitted the file to the learned Special Court of POCSO (Principal Sessions Judge, Kupwara) for further proceedings, which clearly indicates that the accused/ Respondent No.4 herein is being tried for, inter alia, offenses punishable under Sections 3 /4 of the POCSO Act. Therefore, the observations made by the learned Additional Sessions Judge, Kupwara, while granting bail to the accused/ Respondent No.4 herein, are of no consequence, particularly once after the course of investigation of the case offences under Sections 3/ 4 of the POCSO Act have been found established against the accused and the challan stands already laid before the competent Court of law against him. 06. This takes us to the question as to whether the accused/ Respondent No. 4 herein should have been enlarged on bail by the learned Additional Sessions Judge, Kupwara. In this regard, it would be open to the petitioner as well as to the Respondent-State to seek cancellation of the bail of the accused/ Respondent No. 4 herein to move an appropriate motion before the Court of learned Principal Sessions Judge, Kupwara by projecting the ground that offences under Sections 3/ 4 of the POCSO Act have been found established against the accused/ Respondent No.4 herein which requires fresh consideration of the issue relating to grant of bail. If and when any such application is made, either by the petitioner or by the Respondent-State before the Court of learned Principal Sessions Judge, Kupwara, the same shall be dealt expeditiously in accordance with the law governing the field. 07. Disposed of. (Sanjay Dhar) Judge SRINAGAR 27.05.2025 Showkat Khan