UNION TERRITORY THROUGH POLICE STATION GANDERBAL (HOME) v. AZAR JEEELANI SHAH
Bail App/121/2025 · 2026-05-06
Sanjay Dhar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 897 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 897 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 04 Regular Cause List.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
Bail App 121/2025 CrlM(916/2025) c/w i)Crl R 2/2026 CrlM(92/2026).
UNION TERRITORY THROUGH POLICE STATION GANDERBAL.
…Petitioner (s)
Through: Mr. Waseem Gul, GA.
VERSUS
AZAR JEEELANI SHAH.
Through: Mr. Umer Rashid Wani, Advocate. (Crl R 2/2026)
…Respondent(s)
CORAM:
HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE.
ORDER 06-05-2026
Crl R 2/2026 For the Petitioner(s): Mr. Umer Rashid Wani, Advocate For the Respondent(s): Mr. Waseem Gul, Government Advocate.
01.
The instant petition has been filed by the petitioner/accused challenging order dated 22nd of December, 2025, whereby the interim bail on medical grounds, granted to the petitioner in a case arising out of FIR No. 331 of 2023 for commission of offences under Sections 8/21 and 29 of the NDPS Act, has been extended till 15th of February, 2026, subject to the condition that the petitioner shall adhere to the terms and conditions imposed vide earlier order dated 22nd of March, 2025. It has further been stipulated in the impugned order that the
petitioner shall surrender before the concerned court/ jail immediately upon expiry of the aforesaid period, unless the bail is extended by a competent court.
02.
The grievance projected by the petitioner is that he has been asked to surrender before the concerned court/jail upon expiry of the bail period. The contention of the petitioner in this regard is wholly misconceived, inasmuch as the petitioner has been granted only temporary bail on medical grounds, and upon its expiry, there is no option for him but to surrender before the concerned court/ jail, unless the concession is extended by a competent court.
03. In view of the above, I do not find any illegality or impropriety committed by the learned Trial court while passing the aforesaid order. The revision petition, being devoid of merit, is accordingly dismissed.
04.
It appears that in terms of the interim bail granted by this Court vide
order dated 9th of February, 2026, the petitioner continues to remain on temporary bail till date. The said concession shall continue for a further period of two weeks from today, during which the petitioner shall approach the learned Trial court for extension of bail on medical grounds, if the health condition of the petitioner continues to be precarious. The learned Trial court shall deal with such application in accordance with law and take decision thereon, on the basis of the medical record that may be produced before the said court by the petitioner. Bail App 121/2025. For the Petitioner(s): Mr. Waseem Gul, Government Advocate For the Respondent(s):. Mr. Umer Rashid Wani, Advocate
01.
This is a petition filed by the Union Territory challenging orders dated 22nd of March, 2025, read with order dated 30th of May, 2025, passed by the learned Additional Sessions Judge, Ganderbal, whereby the respondent has been
granted temporary bail on medical grounds in a case arising out of FIR No. 333/2023 for commission of offences under Sections 8/21 and 29 of the NDPS Act.
02.
By virtue of the impugned orders, the respondent was granted temporary bail on medical grounds for a limited period. The said period has already expired, and the respondent continues to remain on temporary bail in terms of subsequent orders passed by the learned Trial court as well as by this Court.
03.
In terms of the order passed today in the connected Criminal Revision, the respondent has been given liberty to approach the learned Trial court by filing a fresh bail application seeking extension of his temporary bail. He has been given protection for a period of two weeks.
04.
In case the petitioner–Union Territory/the Investigating Agency has any grievance with regard to the further extension of temporary bail in favour of the respondent, it shall be at liberty to urge all such grounds as are available under law before the learned Trial court, as and when the respondent approaches the said court for extension of temporary bail.
05.
The present petition is, accordingly, disposed of.
(Sanjay Dhar)
Judge
SRINAGAR 06-05-2026 Showkat Khan