Dismissed

Mehraj Ud Din Khan v. Union Territory through Police Station Sopore (Home Department)

J&K HC5 Nov 2022CRM(M)/470/2022

Case brief

AI extract

What is this about?

Held the bail application pending before the Additional Sessions Judge, Sopore, for over two years. Directed transfer of the application to the Principal Sessions Judge, Baramulla, to be decided within one month.

What did the court decide?

Direction to the Additional Sessions Judge, Sopore, to transfer the bail application to the Principal Sessions Judge, Baramulla, or an Additional Sessions Judge within their jurisdiction, for decision

Mehraj Ud Din Khan Vs Union Territory through Police… — Criminal Trial and Appeal | J&K HC (2022)

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Serial No. 05 Supplementary Causelist 1

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR

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CRM(M) No. 470/2022 CrlM No. 1353/2022

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Mehraj Ud Din Khan.

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….. Petitioner(s)

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Through: - Mr. Aazim Pandith, Advocate.

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V/s

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Union Territory through Police Station Sopore.

….. Respondent(s)

Through: -

CORAM:

HON’BLE THE CHIEF JUSTICE.

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ORDER

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05.11.2022

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The grievance of the petitioner is that the bail application filed by him on 15^th April 2019 before the Court of learned Additional Sessions Judge, Sopore seeking bail in FIR No. 95/2014, registered by Police Station, Sopore, for commission of offence under section 302 of RPC, is not being decided by the said Court. It is submitted that the application has remained pending since 15^th April 2019, though objections were filed by the other side on 16^th May 2019. It is further submitted that arguments were advanced before the Trial Court on 29^th May 2019 and the matter was adjourned for the arguments of the other side for thirty hearings from 3^rd June 2019 to 13^th December 2021. It is pleaded that present Presiding Officer has joined the Court on 24^th August 2022 and the arguments on behalf of applicant/petitioner in the application were completed on 24^th August 2022 and the case was adjourned for the arguments of the prosecution five times. The petitioner has kept on record documents to substantiate the contention raised, which reveals that the Court below has not decided the application for bail and kept the same pending for a considerable period of time.

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After hearing the learned counsel for the petitioner and on examination of the record made available and on further consideration of the matter, it has become necessary to dispose of this petition by directing transfer of the bail application filed by the petitioner before the Court of learned Additional Sessions Judge, Sopore to the Court of Principal Sessions Judge, Sopore, who shall decide the bail application on his own or have the same decided before any available learned Additional Sessions Judge, within his jurisdiction, within a period of one month from the date record of the bail application is received. The Additional Sessions Judge, Sopore shall send the records of the bail application to the Court of learned Principal Sessions Judge, Baramulla by 9^th of November 2022, which shall be taken by the learned Principal Sessions Judge, Baramulla for consideration or by the Court to which matter will be assigned, on 12^th November 2022.

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While transferring the records of the bail application, the learned Additional Sessions Judge, Sopore, shall intimate the prosecution for appearance before the Transferee Court on the date so fixed. The bail application shall be decided within one month only.

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Disposed of as above.

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(ALI MOHAMMAD MAGREY) CHIEF JUSTICE

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SRINAGAR: 05.11.2022 “Hamid”

Mehraj Ud Din Khan v. Union Territory through Police Station Sopore (Home Department)

Case brief

What is this about?

What did the court decide?

Mehraj Ud Din Khan v. Union Territory through Police Station Sopore (Home Department)

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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