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2026 DAILYLAW 483 (JK)

ABDUL RASHID DAR v. UNION TERRITORY THROUGH POLICE STATION PULWAMA (POLICE / HOME)

Bail App/6/2026 · 2026-02-23

Rahul Bharti

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No.1 REGULAR CAUSE LIST IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Bail App 6/2026 CrlM(62/2026) Abdul Rashid Dar …Petitioner(s) Through: Mr. Zahid Hussain Dar, Advocate Mr. Naveed Buktiyer, Advocate Vs. Union Territory Through Police Station Pulwama. ...Respondent(s) Through: Mr. Furkan Yaqub Sofi, GA CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER 23.02.2026 1. The petitioner came up with a petition under section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, for the sake of earning bail from this Court in exercise of the special power reserved under section 483. 2. The background in which the petitioner came up with the present petition on 02.02.2026 was that the Court of Special Judge (NDPS Cases), Pulwama by virtue of an order dated 31.01.2026 cancelled the bail granted to the petitioner in terms of order dated 31.12.2025 on medical grounds which related to the neurological health issues attending the petitioner. 3. This Court, in terms of order dated 03.02.2026, solicited from the end of the respondents a medical status report of the petitioner, which has come forth along with the objections from the end of the respondents. 4. As per the Department of Neurology, Govt. Super Specialty Hospital, Shireen Bagh, Srinagar, the petitioner stands discharged on 04.02.2026. 5. The neurological problem with which the petitioner reported himself to be afflicted and earned interim bail on medical ground from the trial court is not that of a serious nature which while in state of custody as an undertrial the petitioner may not be able to receive proper treatment from the medical dispensation posted in the concerned Jail. 6. The very fact that the petitioner stands discharged on 04.02.2026 from the Department of Neurology, Govt. Super Specialty Hospital, Shireen Bagh, Srinagar is a pointer to the fact that the petitioner’s medical condition no more requires any hospitalization. 7. Therefore, this Court is not inclined to accept this bail application of the petitioner, and the same is, accordingly, dismissed. 8. The Court of Special Judge (NDPS Cases) Pulwama, is well within its discretion to issue bailable/non-bailable warrants for securing the presence of the petitioner for the purpose of being restored to judicial custody on account of expiry of the interim bail which lasted only up to 31.01.2026. 9. Copy of this order be forwarded by the Registrar Judicial, Srinagar to the Court of Special Judge (NDPS Cases) Pulwama for the sake of notice and compliance. (RAHUL BHARTI) JUDGE SRINAGAR: 23.02.2026 “Mir Arif”