Citation : 2026 Latest Caselaw 1448 J&K/2
Judgement Date : 11 March, 2026
Sr. No. 194
Supp. List
HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CrlM No. 267/2026 in CRM (M) No. 240/2025
JAMMU AND KASHMIR BANK LIMITED ...Petitioner(s)/appellant(s)
AND ORS.
Through: None
Vs.
REYAZ AHMAD MALIK AND ANR. ...Respondent(s)
Through: MR. MOHSIN QADIRI, SR. AAG WITH
MR. FURQAN SOFI, GA FOR R. 2
NONE FOR R. NO. 1
CORAM:
HON'BLE MR JUSTICE MOHD YOUSUF WANI, JUDGE
ORDER
11.03.2026
CrlM No. 267/2026 in CRM (M) No. 240/2025
1. Through the medium of the instant application supported
with an affidavit, the applicant/respondent No. 2 i.e., SHO
Police Station Pantha Chowk, seeks permission of this
Court to produce the final report/charge-sheet arising out
of FIR No. 07/2025 registered with his Police Station on the
main ground that the accused, namely Bilal Ahmad Lone
Alias Dr. Bilal S/o Mohammad Akbar Lone R/o Marathgam
Handwara, who stands arrested in the case FIR during the
investigation of the same is likely to get default bail for no
fault on the part of the Investigating Officer who has
already completed the investigation of the case as this
Court vide order dated 09.05.2025, has stayed the
presentation of the final report/charge-sheet without its
permission.
2. Heard Mr. Mohsin Qadiri, learned Sr. AAG and considered
his submissions.
3. It is submitted by the learned counsel that during the
investigation of the case, the involvement of the aforesaid
accused, Bilal Ahmad Lone, has prima facie been
established and having regard to the heinous nature of the
allegations leveled against him, the accused does not
deserve the concession of default bail. The learned counsel
further submitted that even the present petitioners have no
objection in allowing the presentation of the charge-sheet
before the competent Court.
4. In view of the development that has taken place during the
investigation of the case, by surfacing of the aforesaid Bilal
Ahmad Lone as the accused in the case FIR No. 07/2025,
the instant petition filed by the Jammu and Kashmir Bank
needs to be now finally disposed of. However, the main
petition is listed for hearing on 08.04.2026. Allowing the
present applicant/respondent No. 2 to present the final
report/charge-sheet arising out of the case FIR No.
07/2025 registered with the said Police Station shall not
cause any prejudice to the petitioners in the main petition
i.e., Jammu and Kashmir Bank. It is also needful to
mention that the concern of the petitioners/Jammu and
Kashmir Bank regarding involvement of any other person
can be appropriately addressed at the time of final disposal
of the main petition.
5. In the aforesaid backdrop, the instant application is
allowed and the applicant/respondent No. 2 i.e., SHO
Police Station Pantha Chowk, Srinagar, is permitted to
present the final report/charge-sheet in terms of the
provisions of Section 193 BNSS in respect of the case FIR
No. 07/2025 of his Police Station before the competent
Court of law. However, the competent trial Court before
whom the charge-sheet is filed shall await the orders of this
Court for proceeding on the trial of the case, however, with
liberty to entertain and decide application, if any filed by or
on behalf of the accused, in accordance with law.
6. Application disposed of.
(MOHD YOUSUF WANI) JUDGE
SRINAGAR 11.03.2026 Sakeena
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