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S.No. 93
Suppl. List
HIGH COURT OF JAMMU &KASHMIR AND LADAKH
AT SRINAGAR
Bail App 32/2024 CrlM(366/2024)
ABDUL HAMID KUCHAY
Petitioner(s)/Appellant(s)
….
Through: Mr. Arif Sikander, Advocate.
V/s
UT of J&K & OTHERS
....Respondent(s)
Through:
CORAM: HON BLE MR. JUSTICE RAJESH SEKHRI, JUDGE
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ORDER
29.03.2024
1. Petitioner filed an application for grant of bail in anticipation of arrest
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in the court of learned 2 Additional Session Judge, Srinagar ( trial
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court , for short), and was admitted to interim bail vide order dated
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02.02.2024 subject to various conditions contained in the said order.
The application, however, came to be dismissed by the said court due
to absence of petitioner and his counsel on 14.02.2024 and
consequently interim bail order was also revoked.
2. After arguing for a while, learned counsel for the petitioner submits
that he intends to file application for restoration of the aforesaid order
dated 14.02.2024 before the trial court. He has relied upon recent
pronouncement of Hon ble Supreme Court in Rahul Sharma Vs.
’ “
State of Uttar Pradesh & Anr., 2023 LiveLaw (SC) 64 , to contend
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that till he files application for restoration, liberty of the petitioner is
required to be protected.
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3. In view of the above, the present petition is disposed of with liberty to
learned counsel for the petitioner to approach the trial court for
restoration of the aforesaid application for grant of bail in anticipation
filed by the petitioner, within a week s time. Till then, there shall be
’
stay on the arrest of the petitioner. It is, however, made clear that this
Court has not expressed any opinion on the merits of the case and
learned trial court shall be free to proceed with the matter strictly in
accordance with law.
4. Disposed of.
( RAJESH SEKHRI )
JUDGE
Srinagar
29.03.2024
Muzammil. Q (Secy.)
Muzamil Qadir
I attest to the accuracy and
authenticity of this document
02.04.2024 11:11