S. No.16 Regular List ,,,HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) No.498/2024 Mehmooda Akhter …..Petitioner(s) Through: Mr.S.H.Thakur, Advocate. V/s UT of J&K and Others … ..Respondent(s) Through: Mr.Bikramdeep Singh, Dy.AG. CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 27.05.2025 1. The petitioner, through the medium of present petition, has challenged order dated 24.07.2024 passed by learned Principal Sessions Judge, Shopian, whereby interim anticipatory bail has been granted to respondents No.2 to 6. 2. Heard and considered. 3. It appears that respondents No.2 to 6 had filed an application for grant of bail in anticipation of their arrest before learned Principal Sessions Judge, Shopian on 24.07.2024, alleging therein that they are apprehending arrest at the hands of Police of Police Station, Shopian. 4. The learned Sessions Judge vide impugned order dated 24.07.2024, without seeking report of the Police, passed an ad- interim order, thereby granting to respondents No.2 to 6 bail in anticipation of their arrest except in relation to offences carrying punishment for more than 10 years or any offence triable by designated court, offence under NDPS Act/ Forest CRM(M) No.498 of 2024 2 | P a g e Act, offence under Section 65, 70 of BNS and offence against the children. 5. It seems that the Police filed its report before the learned Sessions Judge in which it was stated that respondents No.2 to 6 are involved in FIR No.92 of 2024 for offences under Sections 19(2), 109, 74, 115(2), 352(1), 329(3) and 191(3) BNS registered with Police Station Shopian. As per report of the Police, on 20.07.2024, the accused persons trespassed into the compound of the house of the complainant and assaulted her daughter-in-law with intention to kill her as well as the complainant. It was further alleged that accused persons assaulted and tried to commit murder of the complainant and her family members, as a result of which they received injuries, resulting in their hospitalization. The documents placed on record by the petitioner further go on to show that the petitioner has already filed application seeking cancellation of bail before Sessions Judge Shopian. 6. As is clear from the report of the Police, respondents No.2 to 6 (accused), are stated to be involved in commission of offences inter alia under section 109 of BNS, which carries punishment up to life imprisonment in case the assault has resulted in injuries to the victim. 7. In the present case, as per the Police report, the victim had received injuries, meaning thereby that the offence alleged to CRM(M) No.498 of 2024 3 | P a g e have been committed by respondents No.2 to 6 carries punishment up to life imprisonment. Therefore, the protection cover granted by the learned Principal Sessions Judge in terms of impugned order dated 24.07.2024, cannot be made applicable to respondents No.2 to 6. Thus, there was hardly any need for the petitioner to approach this Court for challenging the said order. Apart from this, the petitioner has already moved an application before the Sessions Judge seeking cancellation/withdrawal of the protection cover granted to the accused. In these circumstances, instead of considering the present petition on its merits, it will be appropriate to direct the Sessions Judge to decide the application of the petitioner for cancellation of bail on its merits. 8. Accordingly, this petition is disposed of with a direction to learned Principal Sessions Judge, Shopian to decide the application of the petitioner seeking cancellation of protection cover granted to respondents No.2 to 6, most expeditiously, preferably within 15 days from the date a copy of this order is made available to the said Court. (SANJAY DHAR) JUDGE SRINAGAR 27.05.2025 Sarveeda Nissar 1. Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No Sarveeda Nissar I attest to the accuracy and authenticity of this document every page at bottom left side 29.05.2025 10:53