S. No.83 Supplementary list IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 515/2025 MUSHTAQ AHMAD GANIE …Petitioner/Appellant(s) Through: Mr. Syed Mohatsim, Advocate. Vs. STATE (NOW UT) THROUGH POLICE STATION PULWAMA (POLICE / HOME) ...Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE. ORDER 30.08.2025 1. Heard learned counsel for the petitioner. 2. The case of the petitioner is that he faced the trial in the criminal case titled State (Now UT) of Jammu & Kashmir vs. Mushtaq Ahmad Ganie & others bearing case FIR No. 11/1996 of P/S Pulwama in the Court of learned 3rd Additional Sessions Judge Srinagar (hereinafter referred to as ‘the trial court’ for short). That he was on bail in the case and was also exempted from his personal appearance. That now the learned trial court has concluded the trial in the case and has returned a judgment of conviction thereby convicting him and the co-accused inter alia under section 302 RPC. That he is suffering from Hepatocellular Carcinoma (HCC) and is undergoing treatment at Indraprastha Apollo Hospital, New Delhi. That the learned trial court, on account of his non-personal appearance in the case on 22nd August 2025, has directed issuance of a non-bailable warrant of arrest against him to be executed by the SSP Srinagar. That he, in view of his critical health condition, is not in a position to attend the court in person. 3. The petitioner has accordingly sought for his exemption from personal appearance in the case or, in the alternative, permission to appear through video conferencing. He has also sought the grant of reasonable time for his surrender before the trial court after completion of his treatment. 4. This court is conscious of the fact that, indisputably, the petitioner stands convicted by the learned trial court and the order regarding the quantum of punishment is still awaited. Petitioner has not placed on record the copy of the judgment of conviction dated 8th August 2025. It is not as such immediately known as to what direction was given in the judgment of conviction regarding the custody of the petitioner/convict. 5. Having regard to the fact of the petitioner's being presently at Indraprastha Apollo Hospital, New Delhi in connection with his treatment for Hepatocellular Carcinoma (HCC), this court is of the opinion that it may meet the ends of justice in case he is permitted to appear virtually at the hearing of the case while making his in- court representation through his counsel till and subject to the passing of the order of sentence. 6. Petition is accordingly disposed of with the said direction. The non- bailable warrant of arrest issued against the petitioner/convict is ordered to be recalled unexecuted by the learned trial court. 7. Disposed of. (MOHD YOUSUF WANI) JUDGE SRINAGAR: 30.08.2025 “Hilal”