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2025 DAILYLAW 8331 (JK)

UNION TERRITORY OF J AND K THROUGH SHO PS PATTAN (NIA (NIA ) v. JAVID HUSSAIN YATOO AND ORS

CrlA(D)/33/2023 · 2025-05-21

Sanjay Parihar, Sanjeev Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 6 Regular Cause list IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CrlA(D) No. 33/2023 UT of J&K through SHO P/S Pattan (NIA) ….. Appellant/petitioner(s) Through: - Mr. Mohsin Qadri, Sr. AAG with Ms. Maha Majeed, AC V/s Javid Hussain Yatoo and Ors. ….. Respondent(s) Through: - Mr. Wajid Haseeb, Advocate Mr. Ovais Geelani, Advocate CORAM: HON’BLE MR JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR JUSTICE SANJAY PARIHAR, JUDGE (ORDER) 21.05.2025 The UT of Jammu and Kashmir is in appeal in terms of Section 21 of NIA Act, to throw challenge to an order dated 12.05.2023, passed by the Court of Special Judge (Designated under NIA Act), Baramulla in case FIR No. 234/2020, Police Station, Pattan for offences under Section 23 and 39 ULAP Act, 7/25 Arms Act, whereby the Special Judge has released all the three respondents on bail subject to the terms and conditions prescribed in the impugned order. This appeal challenging the order of the trial Court and seeking cancellation of bail granted to the respondents, was filed on 25.07.2023 and has been pending in this Court for almost two years. Mr. Mohsin Qadri, learned Sr. AAG, appearing for the appellant submits that the trial Court so far has examined six out of seven witnesses Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document and only the I.O is to be examined. Since the trial is at the final stage and is likely to be concluded in near future, we do not think it appropriate to interfere with the order passed by the trial Court. We have seen that for the last more than two years, the trial Court has not been able to examine the I.O and probably there were reasons for that. Be that as it may, we are not inclined to interfere with order of the trial Court, granting bail to the respondents and the same is, accordingly, upheld. This appeal is, accordingly, disposed of with the request to the learned Special Judge to record the statement of the IO and conclude the trial expeditiously preferably within a period of three months. Disposed of along with connected CM(s). Copy of this order be sent to Special Judge, NIA, Baramulla at Sopore for information. (SANJAY PARIHAR) (SANJEEV KUMAR) JUDGE JUDGE SRINAGAR 21.05.2025 “Mohammad Yasin Dar” Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document