PARVAIZ AHMAD HANGA v. UNION TERRITORY THROUGH POLICE STATION LAR AND ANOTHER (POLICE / HOME)
Bail App/59/2026 · 2026-04-18
Sanjay Dhar
body2026
DailyLaw.ai
[ 2026 DAILYLAW 747 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 747 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
62 Supplementary
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
Bail App 59/2026 CrlM(490/2026)
PARVAIZ AHMAD HANGA
….. Petitioner(s)
Through: Mr. Sajad Ashraf, Advocate.
V/s UNION TERRITORY THROUGH POLICE STATION LAR AND ANOTHER
….. Respondent(s)
Through: Mr. Waseem Gull, GA
Coram:
Hon’ble Mr. Justice Sanjay Dhar, Judge
ORDER 18.04.2026
1. The petitioner, through the medium of present application is seeking temporary bail on medical grounds in a case arising out of FIR No. 23/2024 for offences under Sections 8/21 & 29 of NDPS Act registered with Police Station, Ganderbal which is pending before the court of Principal Sessions Judge, Ganderbal.
2. Issue notice to the respondents.
3. Mr. Waseem Gull, learned GA accepts notice on behalf of the respondents.
4. Heard and considered.
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5. It appears that the petitioner had previously approached this Court by way of Bail Application bearing No. 155/2024 seeking bail on medical grounds. The said application came to be disposed of by this Court in terms of order dated 06.06.2025 and the petitioner was granted bail for a duration of four months subject to conditions contained in the said
order. It was further provided that any further extension of bail upon expiry of period of four months, is to be considered by the learned trial court on the basis of assessment of the medical condition and reports related to the petitioner.
6. Learned counsel for the petitioner has submitted that after expiry of four months, the petitioner approached the learned trial court for extension of bail on medical grounds and vide
order dated 25th October, 2025, the temporary bail granted to the petitioner was extended till 06.12.2025 while extending the temporary bail of the petitioner, the learned trial court
directed Principal Government Medical College, Srinagar to constitute the Medical Board to examine the petitioner and furnish a comprehensive report on his current medical condition etc. Upon receipt of the Medical Report of the petitioner, the learned trial court vide order dated 04.12.2025
P a g e | 3 Bail App 59/2026 CrlM(490/2026)
granted extension of bail up to 30th January 2026. The temporary bail granted to the petitioner was extended by the learned trial court from time to time keeping in view his medical condition.
7. Learned counsel for the petitioner has submitted that as per his instructions, the medical bail of the petitioner has been extended from time to time up to 15th April 2026 but application of the petitioner for further extension of his bail is not being decided by the learned trial court. He has further submitted that as per the opinion of the medical board rendered vide report dated 11.02.2026 it has been specifically stated that the petitioner is not fit for custody at present in view of the parameters mentioned in the said certificate.
8. Having regard to the medical opinion rendered by the Principal Government Medical College, Srinagar with regard to the health condition of the petitioner, it is extremely urgent for the learned trial court to take a decision in the matter as to whether or not the temporary bail granted to him is required to be extended. The application in such circumstances cannot be kept pending by the learned trial court.
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9. In view of the above and without expressing any opinion as to whether or not the temporary bail granted to the petitioner deserves to be further extended, the learned trial court is
directed to take a decision on the pending application of the petitioner immediately preferably within a period of one week from the date a copy of this order is made available to the learned trial court. Till such time, the learned trial court takes a decision in the matter, the temporary bail granted to the petitioner on medical grounds shall remain in operation.
(Sanjay Dhar)
Judge
SRINAGAR 18.04.2026 Aasif
Whether the order is speaking Yes/No
Whether the order is reportable Yes/No