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2025 DAILYLAW 844 (JK)

MEHMOOD HUSSAIN v. UT OF J AND K TH S.H.O. POLICE STATION MENDHAR POONCH

Bail App/122/2025 · 2026-05-15

Ma Chowdhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S. No.1 Supplementary list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU THROUGH VC Bail App 122/2025 Mehmood Hussain (Age 47 Yrs) S/O Mohd Munshi R/O Kasbalari Tehsil Mankote District Poonch Appellant(s)/Petitioner(s) Through: Mr. Bakht Parvaiz, Advocate. Vs. Union Territory of Jammu & Kashmir \ Through SHO Police Station Mendhar ...Respondent(s) Through: None. CORAM: HON’BLE MR. JUSTICE MA CHOWDHARY, JUDGE ORDER 15.05.2026 1. This subsequent bail application has been preferred by the applicant under Section 483 of BNSS as an accused in a case arising out of FIR No. 313/2021 registered at Police Station Mendhar, Poonch, for the commission of offences punishable under Sections 17, 18, 20, 23 and 39 of UA(P) Act and 4/5 of the Explosive Substances Act, after being unsuccessful in his plea before the NIA court (Additional Sessions Judge) Poonch. 2. The bail application moved by the applicant was decided vide order dated 18.03.2025 passed in B. A. No. 208 titled “UT of Jammu & Kashmir vs Mehmood Husain” by the NIA Court, whereby the plea for grant of bail was rejected. 3. Section 21 of the National Investigation Agency Act, 2008, provides for a remedy of appeal before the High Court against any judgment, sentence, or order, not being an interlocutory order of a Special Court, and as per the sub-section (4) of Section 21 of the Act, an appeal lies to the High Court against the order of the Special Court granting or refusing bail. 4. In this factual situation, the subsequent bail application moved before this court is misconceived and is liable to be rejected. The applicant, however, shall be at liberty to work out his legal remedy. 5. Accordingly, the Bail Application is dismissed. (MA CHOWDHARY) JUDGE SRINAGAR 15.05.2026 “Hilal”