Sageera Bi Th. Abdul Hamid vs Union Territory Of J&K And Another
2021 Latest Caselaw 470 j&K

                                                                   S. No.227
               HIGH COURT OF JAMMU AND KASHMIR
                             AT JAMMU


                                                        Bail App 155/2020


     Sageera Bi Th. Abdul Hamid                                   ...Petitioner(s)

                 Through :- Mr. Rameshwar P Sharma, Advocate
                v/s <




Union Territory of J&K and another
't
                                                     .....Respondent(s)

                   Through :- Mr. Adarsh Bhagat, GA


Coram:         HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                      ORDER

Reply to the bail application stands filed on behalf of the

respondents.

Learned counsel for the respondents submits that in the case neither

victim nor the informant has been made a party to the proceedings which is

necessary in view of the Judgment of this Court in case titled Badri Nath vs.

Union Territory of J&K ( Bail App No. 139/2020 decided on 11.12.2020 ). He

has further stated that in terms of the provisions contained in Section 439 (1A)

Cr.P.C, the presence of informant or any person authorized by him is obligatory

at the time of hearing of a bail application of instant nature.

In view of what has been submitted by learned counsel for the

respondents informant who also happens to be the father of victim is directed to

be made a party in these proceedings. Accordingly, Ferooz Din s/o Mir Mohd

r/o Village Marhote, Tehsil Surankot District Poonch is impleaded as respondent

No. 3 to these proceedings.

Learned counsel for the petitioner shall file the amended memo of

parties.

Notice be issued to newly added respondent through concerned

police station.

List on 28.05.2021.

Meanwhile, interim direction, if any, to continue till next date of

hearing.

(SANJAY DHAR) JUDGE JAMMU 12.04.2021 Bir

BIR BAHADUR SINGH 2021.04.16 14:10 I attest to the accuracy and integrity of this document