Serial No. 13 REGULAR CAUSELIST HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CrlM(1801/2024) In CrlA(D) 86/2024 Ghulam Hassan Tantray & Ors. …Petitioner/Appellant(s) Through: Mr. Wajid Mohammad Haseeb, Advocate. Vs. Union Territory through Police Station, Kokernag. ...Respondent(s) Through: Mr. Abdul Rashid Malik, Sr. AAG with Ms. Rahella Khan, Assisting Counsel CORAM: Hon’ble Mr. Justice Sanjeev Kumar, Judge. Hon’ble Mr. Justice Puneet Gupta, Judge. ORDE R 19.02.2025 CrlM No. 1801/2024: The appeal filed by the appellants in terms of Section 21 of the NIA Act, 2008, to throw challenge to an order of rejection of bail passed by the Special Judge (UAPA cases), Anantnag, dated 23rd October, 2024, is delayed by 25 days and, therefore, an application for condonation of delay has been filed. Upon issuance of notice, Mr. Abdul Rashid Malik, learned Senior AAG, has appeared and submitted that there is no plausible explanation tendered by the appellants for filing of belated appeal. Having heard learned counsel for the parties and perused the application for condonation of delay, we are of the considered opinion that the appellants have succeeded in demonstrating sufficient cause which prevented them from filing the appeal within the prescribed time. Accordingly, the application for the reasons stated therein is allowed, and the delay of 25 days in filing the appeal is condoned. CrlA(D) No. 86/2024: Admit. Notice. Notice waived by Mr. Abdul Rashid Malik, learned Sr. AAG on behalf of the respondents. With the consent of the parties, the appeal is taken up for final consideration. This appeal is filed by the five appellants facing trial in case FIR No. 68/2022 before the Special Judge (UAPA), Anantnag, to throw challenge to the order dated 23rd October, 2024, passed by the Special Judge, Anantnag, whereby the bail applications filed by the appellants were rejected. Upon hearing the matter, we find that out of the thirteen cited prosecution witnesses, the learned Special Court has already examined twelve prosecution witnesses. Although learned counsel for the appellants submits that the total cited witnesses, including those in the original and supplementary challan are fourteen in number. Be that as it may, the fact remains that the challan is now at the final stage and is likely to be culminated within a couple of months. In these circumstances, it would not be appropriate for us to deal at this stage with this appeal on merits as that is likely to prejudice the trial before the Special Judge, Anantnag. Learned counsel for the appellants fairly submits that the appellants would be satisfied if a direction is issued to the Special Judge, Anantnag, to wind up the trial within some prescribed time. Having considered the submissions made by the learned counsel appearing for the parties and regard being had to the fact that the trial is at the final stage, we are not inclined to show indulgence at this stage. The appeal is, accordingly, disposed of with a request to the learned Special Judge, Anantnag, to expedite the trial and record the statement of the remaining prosecution witnesses as expeditiously as possible, preferably within a period of two months from the date copy of this order is served. We also leave it open to the appellants to approach this Court again in case the trial is unduly protracted by the prosecution or by the learned Special Judge, Anantnag. Disposed of. (Puneet Gupta) (Sanjeev Kumar) Judge Judge SRINAGAR: 19.02.2025 “MIR ARIF” MIR ARIF MANZOOR I attest to the accuracy and authenticity of this document 21.02.25