Dawood Fayaz Zargar And Anr vs Union Territory Through Senior ...
2021 Latest Caselaw 1114 j&K/2

                                                                                  Item No.21
                                                                                  Advance List


                               HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                              AT SRINAGAR

            CJ Court

                                                                          CrlA(D) No.16/2020
                                                                           CrlM No.209/2021

            DAWOOD FAYAZ ZARGAR AND ANR.
                                                                    ...Petitioner/Appellant(s)
                                Through:   Mr. Z.A. Qureshi, Sr. Advocate with
                                           Mr. Arif Mir, Advocate

                                                         Vs

            UNION TERRITORY THROUGH SENIOR ADDITIONAL ADVOCATE
            GENERAL AND ANR. (HOME DEPARTMENT)
                                                      ...Respondent(s)
                     Through: Mr. B.A. Dar, Sr. AAG
            CORAM:
            HON'BLE THE CHIEF JUSTICE.
            HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE

                                                  ORDER

20.09.2021

Heard Shri Z.A. Qureshi, learned senior counsel for the appellants.

The appeal has been preferred against the order dated 16.09.2020

passed by the Additional District and Sessions Judge/Special Judge designated

under NIA Act, Srinagar by which the bail application of the appellants in a

case titled Dawood Fayaz Zargar and another versus State, has been rejected.

The submission of learned counsel for the appellants is that the Trial

court has in passing the rejection order has proceeded as if he is deciding the

trial finally which is apparent from the fact that the judgment runs into 36

pages. The Trial court in rejecting the bail application has made certain

observations even on the merits of trial as well as on the basis of evidence of

some of hostile witnesses.

SHAMEEM HAMID MIR 2021.09.21 14:53 I attest to the accuracy and integrity of this document

--2--

The apprehension of learned counsel for the appellants with the

aforesaid observations and the findings recorded by the Trial court in the

rejection order would affect the trial and even the decision on the subsequent

bail application, if any, filed by the appellants.

In view of aforesaid facts and circumstances, instead of keeping the

appeal pending herein in the High Court, we dispose it off with the direction

that none of the observations or finding recorded by the Trial court in the

rejection order would come in way in disposal of any fresh bail application

moved in fresh grounds, which the appellants may file or even in the trial.

                               (VINOD CHATTERJI KOUL)            (PANKAJ MITHAL)
                                           JUDGE                   CHIEF JUSTICE


            SRINAGAR
            20.09.2021
            Shameem H.




SHAMEEM HAMID MIR
2021.09.21 14:53
I attest to the accuracy and
integrity of this document