Khalil Ullah vs Ut Of J&K & Ors
2026 Latest Caselaw 1048 J&K

Jammu & Kashmir High Court

Khalil Ullah vs Ut Of J&K & Ors on 20 February, 2026

                                                                             2021:JKLHC-JMU:12002
                                                                      Serial No. 27

     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT JAMMU
CRM(M) No. 296/2021 c/w
OWP No. 775/2018
OWP No. 924/2018
Khalil Ullah                                         .....Appellant(s)/Petitioner(s)


                        Through: Mr. Rupinder Singh, Advocate

                  vs
UT of J&K & Ors.                                               ..... Respondent(s)
                        Through: Ms. Nazia Fazal, Advocate vice
                                 Mrs. Monika Kohli, Sr. AAG
                                 Mr. Vivek Mattoo, Advocate vice
                                 Mr. Vishal Bharti, Dy. AG
CORAM: HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
                                    ORDER

20.02.2026

1. This Court, in terms of order dated 30.01.2026, has directed Principal

and Sessions Judge, Samba to submit a report with regard to

furnishing of bank guarantee of Rs. 2 crores and undertaking of Rs. 6

crores, whereas in terms of the report submitted by the Principal and

Sessions Judge, Samba, no such bank guarantee or undertaking has

been furnished before him. Whereas it is pointed out by Mr. Rupinder

Singh, learned counsel for the petitioner that in terms of the directions

passed by the Principal and Sessions Court, Samba, the requirement

was to be fulfilled before the duty Magistrate, i.e. CJM, Samba and

that such a report, if any required, shall be summoned from the Court

of CJM, Samba.

2. Statement, so made, is taken on record.

OWP No. 924/2018 2021:JKLHC-JMU:12002

3. He has also drawn attention of this Court towards order dated

20.08.2018 of the Principal and Sessions Judge, Samba, in terms

whereof, direction had been given that the CJM, Samba shall release

the seized material in the case, subject to furnishing of undertaking

and bank guarantee in the sum mentioned as per order dated

09.06.2018

4. Given the aforesaid background, let the report be obtained from CJM,

Samba as to whether bank guarantee of Rs. 2 crores and personal

undertaking of Rs. 6 crores has been furnished by the petitioner, which

report shall be sent forthwith.

5. List again on 06.03.2026.

(Sanjay Parihar) Judge

Jammu 20.02.2026 Vishal Sharma