Dismissed

Abdul Majeed Bhat v. Union Territory through Director General of Police and Ors. (Home Department)

J&K HC7 Jul 2021Bail App/11/2020

Case brief

AI extract

What is this about?

Awaited representation from the petitioner in an anticipatory bail application under Section 438 CrPC for an NDPS offence. The High Court held that since the challan was presented, a fresh application before the trial court is appropriate.

What did the court decide?

Bail application dismissed; left open for fresh application before trial court.

Abdul Majeed Bhat Vs Union Territory through Director General… — Narcotics (NDPS) | J&K HC (2021)

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S.No. 203 After Notice List

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HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR

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Bail App 11/2020 CrlM(71/2020)

ABDUL MAJEED BHAT

…Petitioner(s)

Through: None.

V/s

UNION TERRITORY OF JAMMU AND KASHMIR

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…Respondent(s)

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Through: Mr. Mir Suhail, AAG.

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Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

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ORDER

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There has been no representation on behalf of the petitioner since February, 2020. On 02.03.2020, 17.12.2020 and 18.03.2021, nobody appeared for the petitioner, however, in the interest of justice, adverse orders were deferred. Today also when the case was called out, petitioner remained unrepresented. Otherwise also in this bail application filed under Section 438 Cr.PC, the petitioner is seeking his enlargement on bail in FIR No. 324 of 2019 under Section 8/15 NDPS.

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The petitioner had earlier applied for bail before the court of learned Principal Sessions Judge, Budgam, which on merits was rejected by the said court on 31.12.2019. This is how the petitioner has approached this Court by filing fresh bail application.

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Learned counsel for the respondents has pointed out that when the bail plea was filed before the court of learned Principal Sessions Judge, Budgam and the instant application was filed in this Court, the investigation in the matter was going on but during the pendency of this application, challan came to be presented before the competent court of law on 20.02.2021. It is further submitted that the challan was presented after the offences under Section 8/15 NDPS were found established against the petitioner.

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-2-

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Be that as it may, since the challan is now been presented before the trial court, petitioner shall be free to file a fresh bail application before the trial court, which shall be in better position to appreciate the grievance of the petitioner in light of the evidence collected by the investigating agency during the course of investigation.

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For all these reasons, this bail application is dismissed leaving it open to the petitioner to move a fresh bail application before the trial court.

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(SANJEEV KUMAR) JUDGE

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Srinagar 07.07.2021 Muzammil. Q

¶21

MUZAMIL QADIR 2021.07.08 13:54 I attest to the accuracy and integrity of this document

Abdul Majeed Bhat v. Union Territory through Director General of Police and Ors. (Home Department)

Case brief

What is this about?

What did the court decide?

Abdul Majeed Bhat v. Union Territory through Director General of Police and Ors. (Home Department)

Case brief

What is this about?

What did the court decide?

What the court decided

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