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2026 DAILYLAW 2641 (JK)

JAVID AHMAD BHAT v. UNION TERRITORY THROUGH POLICE STATION KHANYAR (POLICE / HOME)

CrlA(D)/22/2026 · 2026-08-11

A, Mohd Yousuf Wani

body2026

Judgment text

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Serial No.28 REGULAR CAUSE LIST HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CrlA(D) 22/2026 Javaid Ahmad Bhat …Petitioner/Appellant(s) Through: Mr. Azhar-ul-Amin, Advocate. Vs. Union Territory Through Police Station Khanyar. ...Respondent(s) Through: Ms. Maha Majeed, Assisting Counsel vice Mr. Mohsin Qadiri, Sr.AAG. CORAM: HON’BLE THE CHIEF JUSTICE (ACTING) HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE ORDER 11.08.2026 1. This appeal, filed in terms of Section 21 of the National Investigation Agency Act, 2008 (hereinafter referred to as the “Act”), read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), is directed against the order dated 23.02.2026 passed by the Court of Additional Sessions Judge, Srinagar (Special Judge designated under the Act), whereby the learned Special Judge, NIA Act, has rejected the application filed by the appellant seeking grant of bail in case FIR No. 19 of 2022. 2. During the course of arguments, it has been brought to our notice by learned counsel appearing for the parties that, out of 36 prosecution witnesses, 33 witnesses have already been examined and the case has been fixed on 22.08.2026 for recording the statements of the remaining three witnesses. 3. In view of the fact that the trial is nearing its completion, we do not deem it appropriate to examine the merits of the instant appeal, as any observation made by us while considering the bail application at this stage may prejudice either side before the trial Court. 4. However, having regard to the fact that the FIR in the instant case was registered in April, 2022, the conclusion of the trial cannot brook any further delay. 5. We, therefore, expect that on 22.08.2026, when the case is taken up by the trial Court, the statements of the remaining three prosecution witnesses shall be recorded positively, unless there are circumstances beyond the control of the Court. 6. In view of the aforesaid, we do not deem it appropriate to interfere with the order impugned. However, we call upon the learned trial Court to wrap up the trial and render its decision at the earliest, preferably within a period of three months from today. 7. Needless to say, in the event the trial is not concluded within a period of three months, the appellant shall be at liberty to seek revival of the instant appeal. 8. Disposed of accordingly. 1. (Mohd Yousuf Wani) (Sanjeev Kumar) Judge Chief Justice (Acting) SRINAGAR: 11.08.2026 Shaista