Dismissed

Mohammad Ayoub Wani and Anr. v. Union Territory through Police Station Harwan (Home Department)

J&K HC14 Jul 2021Bail App/55/2021

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What is this about?

Single bench directed the trial Court to expedite the trial by examining remaining prosecution witnesses in two sessions, considering the petitioner's age and ailments, dismissing the instant bail plea on those grounds.

What did the court decide?

Directed the trial Court to expedite the trial and record remaining witnesses in two sessions; bail application disposed of.

Mohammad Ayoub Wani and Anr. Vs Union Territory through Police… — Bail and Remand | J&K HC (2021)

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Item No.201 Single Bench After Notice List

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IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR

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Bail App. No.55/2021

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Mohammad Ayoub Wani and another (Sr. Citizen)

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.…Petitioner/Appellant(s)

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Through: Mr. Asif Ahmad Bhat, Advocate

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Union Territory through Police Station Harwan (Home Department)

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…Respondent(s)

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Through: Mr. Hakim Aman Ali, Dy. AG vice Mr. B.A. Dar, Sr. AAG

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CORAM: Hon’ble Mr. Justice Sanjeev Kumar, Judge.

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ORDER

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14.07.2021

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Learned counsel for the petitioners, after arguing for some-time, submits that petitioners would feel satisfied, if the trial Court is called upon to expedite the trial so that the case is concluded and final verdict in the matter is passed.

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Mr. Bhat, submits that out of nine prosecution witnesses, five have already been examined and if the rest of the witnesses are examined in two sessions, he may not press this bail application at this stage.

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Submission made by learned counsel for the petitioners is taken on record.

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Having heard learned counsel for the parties and considered the material on record, I am of the view that the submissions made by learned counsel for the petitioners deserve to be accepted. Out of nine cited prosecution witnesses, statedly, five witnesses have already been examined and only four witnesses are to be examined before the trial

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SHAMEEM HAMID MIR 2021.07.15 10:58I attest to the accuracy and reaches its final stage. In these circumstances, it would be in the integrity of this document

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interests of justice to request the trial Court to expedite the trial, keeping in view the age of the petitioner no.1 and the ailments with which petitioner no.1 is suffering.

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Accordingly, trial Court is directed to proceed with the trial and record the remaining witnesses expeditiously preferably in two sessions. The prosecution shall ensure that the rest of the witnesses are produced on the date fixed by the trial Court.

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It shall be open to the petitioners to move bail application afresh after recording of rest of the witnesses. Needless to say that the accused is always within its rights to move an application for bail at any stage on the basis of change of circumstances.

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Disposed of.

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(Sanjeev Kumar)
Judge
SRINAGAR
14.07.2021
Shameem H.

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SHAMEEM HAMID MIR 2021.07.15 10:58 I attest to the accuracy and integrity of this document

Mohammad Ayoub Wani and Anr. v. Union Territory through Police Station Harwan (Home Department)

Case brief

What is this about?

What did the court decide?

Mohammad Ayoub Wani and Anr. v. Union Territory through Police Station Harwan (Home Department)

Case brief

What is this about?

What did the court decide?

What the court decided

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