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2025 DAILYLAW 9472 (JK)

UNION TERRITORY THROUGH POLICE STATION CHANDOOSA (HOME) v. BASHIR AHMAD BEIGH

CrlA(D)/76/2024 · 2025-08-14

Rajnesh Oswal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CrlA (D) 76/2024 Page 1 of 2 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Reserved on 31.07.2025 Pronounced on 14.08.2025 CrlA (D) No. 76/2024 CrlM (1625/2024) UNION TERRITORY THROUGH POLICE STATION CHANDOOSA ……...Petitioner(s) Through: Mr Mohsin Qadri, Sr. AAG & Mr Faheem Nisar, GA Versus BASHIR AHMAD BEIGH …..Respondent(s) Through: Mr Wajid Haseeb, Advocate CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR JUSTICE RAJNESH OSWAL, JUDGE ORDER Per Oswal-J 1. This appeal is directed against the order dated 11th July, 2024, hereinafter to be referred as impugned order, passed by the court of learned Additional Sessions Judge, (Special Court for the offences under ULA (P) Act), Baramulla, , whereby, the respondent has been enlarged on bail in a case bearing FIR No. 11/2020 for the commission of offences punishable in terms of Sections 121-IPC, 20, 38 ULA (P) Act and 7/25 Indian Arms Act of Police Station Chandoosa. The impugned order has been assailed by the appellant on the ground that out of 11 witnesses cited by the prosecution in support of its case, only 3 witnesses were examined by the time the respondent was granted bail and all the three witnesses had supported the case of the prosecution in material particulars. CrlA (D) 76/2024 Page 2 of 2 2. Heard learned counsel for the parties and perused the order impugned. 3. The record depicts that FIR bearing No.11/2020 was registered against the respondent for the commission of offences punishable in terms of Sections 121-IPC, 20/38 ULA (P) Act and 7/25 of the Indian Arms Act with police station Chandoosa, however, after the conclusion of the investigation, the offences punishable in terms of Sections 121 IPC, 20/38 UA (P) Act and 7/25 Indian Arms Act were dropped and chargesheet was filed against the respondent for commission of offences punishable under Sections 13 of ULA (P) Act and 201 of IPC. It is further divulged from the records that the respondent was arrested on 9th April, 2020, meaning thereby that the respondent has remained in custody for four years till the time he was granted bail. Section 13 of ULA (P) Act is in two parts; the punishment prescribed under first part is imprisonment for maximum period of 7 years along with fine; whereas, the other part prescribes the punishment for maximum period of five years or with fine or with both. It is thus clear that the respondent has already undergone imprisonment for more than four years when the trial court granted bail in his favour. 4. We do not find any perversity in the impugned order which may warrant interference. The appeal, being without any merit, is dismissed as such. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE Srinagar 14.08.2025 Amjad lone, Secretary Whether the Judgment is reportable: Yes/No.