Jammu & Kashmir High Court - Srinagar Bench
Shameema Akhtar vs Maqsood Hassan Khan & Anr on 12 May, 2022
Sr. No.8
Advance List
IN THE HIGH COURT OF JAMMU & KASHMIR AND
LADAKH AT SRINAGAR
Cr. MP No.01/2015
SHAMEEMA AKHTAR ...PETITIONER(S)
Through: - Mr. Mian Tufail, Adv. vice
Mr. M. A. Qayoom, Advocate.
Vs.
MAQSOOD HASSAN KHAN & ANR. ...RESPONDENT(S)
Through: - Mr. Z. A. Qureshi, Sr. Adv.
With Mr. Junaid, Adv-for R1.
Mr. Ilyas Laway, GA-for R2.
CORAM: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
JUDGMENT
12.05.2022
1) The petitioner has invoked jurisdiction of this Court
seeking cancellation of temporary bail granted to
respondent No.1 on health grounds by the Court of
learned Additional Sessions Judge, Srinagar (hereinafter
referred to as the trial court) in a case arising out of FIR
No.135/2012 for offences under Section 302, 307, 34,
120-B, 326, 324 and 506 RPC of Police Station, Sadder,
Srinagar.
2) During the pendency of this petition, in terms of
order passed by this Court, the record of the bail
application was called from the trial court and the same
has been received. It appears that the learned trial court
has extended the temporary bail granted to respondent
No.1 from time to time and ultimately it has been
extended up to 08.08.2015, whereafter trial court record
has been called by this Court, meaning thereby that the
bail application is still pending and has not been finally
disposed of by the trial court.
3) The minutes of the proceedings show that on
09.09.2015, this Court directed respondent No.1 to
appear before a team of doctors to be constituted by the
Director, SKIMS, for his examination and to submit
report about health condition of said respondent. It
appears that pursuant to the aforesaid directions which
were repeated by this Court subsequently as well, the
respondent No.1 was examined by the Medical Board and
a report dated 25.10.2017 has been submitted by the
Medical Board before this Court which is on record of the
file.
4) Since the bail application moved by the respondent
No.1 before the learned trial court seeking bail on health
grounds has not been finally disposed of by the said
court, therefore, it would not be appropriate for this
Court to pass an order in these proceedings as regards
the contentions raised by the learned counsel for the
parties before this Court as the same would prejudice the
case of the parties before the trial court, when the bail
application is yet to be finally decided.
5) In view of the above, this petition is disposed of with
a direction to the learned trial court to decide the bail
application of respondent No.1 finally after hearing all the
parties i.e. petitioner herein, the prosecution as well as
the accused i.e. respondent No.1.
6) The Registry is directed to send back the original
record of the bail application to the Court of learned
Additional sessions Judge, Srinagar, along with a copy of
report dated 25.10.2017 of the Medical Board. It shall be
open to the learned counsel for the parties to place on
record of the trial court any further documents in
support of their respective contentions, whereafter the
learned trial court shall, on the basis of the material that
may be placed before it, decide as to whether respondent
No.1 deserves to be enlarged on bail on health grounds.
The decision in this regard shall be taken by the learned
trial court, preferably within a period of one month from
the date a copy of this order is made available to the said
court.
7) A Copy of this order be sent to the learned learned
trial court for information and compliance.
(Sanjay Dhar)
Judge
Srinagar
12.05.2022
"Bhat Altaf, PS"
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No
