UNION TERRITORY THROUGH POLICE STATION PARIMPORA v. ARJUN KUMAR
CRM(M)/581/2026 · 2026-08-19
Shahzad Azeem
body2026
DailyLaw.ai
[ 2026 DAILYLAW 2552 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 2552 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 01 Regular Cause List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CRM (M) No. 581/2026 CrlM No. 1344/2026
Union Territory of J&K Through SHO Police Station Parimpora … Petitioner(s)
Through: - Mr Bidramdeep Singh, Dy. AG vice Mr Mohsin-ul-Showkat Qadri, Sr. AAG.
V/s
Arjun Kumar … Respondent(s)
CORAM:
HON’BLE MR JUSTICE SHAHZAD AZEEM, JUDGE.
(ORDER) 19.08.2026
01.
Heard learned Counsel appearing for the Petitioner-UT.
02.
The Petitioner-Union Territory of Jammu & Kashmir has invoked the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [BNSS] seeking quashing of Order dated 6th of April, 2026 passed by the Court of learned 2nd Additional Sessions Judge, Srinagar [Trial Court], whereby the Respondent herein was granted interim bail in FIR No. 89/2025 of Police Station Parimpora, Srinagar, for offences under Sections 109, 333, 74, 15(2), 62 and 64 of the Bharatiya Nyaya Sanhita, 2023 [BNSS].
03.
The contention of the Petitioner is that, while granting interim bail to the Respondent, the Trial Court did not take into consideration the parameters as envisaged under law as also the nature of offences alleged to have been committed by the Respondent.
04.
Admittedly, the Respondent herein was admitted to interim bail and the matter is still pending on the docket of the Trial Court. Therefore, the Petitioner is required to first exhaust the remedy before the Trial Court, which has granted the interim bail in favour of the Respondent,
instead of invoking the extraordinary remedy under Section 528 of the BNSS.
05.
Confronted with the above given facts and circumstances,
learned Counsel for the Petitioner seeks liberty to approach the Trial Court so as to avail the remedy as provided under law.
06.
In view of above, this Petition is disposed of at this stage with the liberty as prayed for and, in case, any such application is filed before the Trial Court, same shall be considered and disposed of expeditiously, in tune with the mandate of law governing the subject.
07.
Petition is, thus, disposed of on the above terms, along with the connected CrlM.
(SHAHZAD AZEEM)
JUDGE SRINAGAR August 19th, 2026
“TAHIR”
Tahir Manzoor Bhat I attest to the accuracy and authenticity of this document