Supplementary Cause List v. UNION TERRITORY

Through: Mr. Sajad Ashraf, Advocate. VERSUS UNION TERRITORY THROUGH POLICE STATION BATAMALOO. Through: Mr. M. Younis Hafeez, Assisting Counsel. …Respondent(s) CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE. ORDER 12-08-2026 Issue notice to the respondent. Mr. M. Younis Hafeez, Assisting Counsel accepts notice on behalf

#02. of the respondent.

#03. Through the medium of the present petition, the petitioner is seeking grant of fresh bail on medical grounds in connection with FIR No. 18/2022 for commission of offences under Sections 8/21 and 29, 27-A of the Narcotic Drugs and Psychotropic Substance Act, read with Sections 468, 471 and 473 IPC registered with police station Batamaloo, Srinagar.

#04. It is contended by learned counsel for the petitioner that the petitioner is suffering from serious health conditions, including Hepatitis B and Hepatitis C, as such, his continued incarceration in the jail would endanger his life. The learned counsel has submitted that, vide order dated 11th of May 2026 passed in Bail 1 | P a g e Application No. 19/2026, this Court had granted temporary bail in favour of the petitioner on health grounds for a period of (90) days, which is going to expire on 14th August 2026. It was directed that, upon expiry of the (90) days, the petitioner shall surrender before the learned Trial Court. Learned counsel for the petitioner has further submitted that, in the previous past, the learned trial court had rejected the bail application of the petitioner vide order dated 23rd December 2025. The petitioner is, therefore, reluctant to approach the said court once again.

#05. In the above context, it is to be noted that the rejection of the bail application by the learned trial court vide order dated 23rd of December 2025 was in the light of the health condition of the petitioner which was prevailing at that time. About nine months have elapsed since the date of rejection of bail application by the learned trial court, the situation may have changed and if the learned trial court finds that, at present, the petitioner is not in a fit state of health to remain incarcerated, it would be open to the learned trial court to consider his application for grant of bail on health grounds, without getting influenced by the earlier rejection of bail application of the petitioner.

#06. In view of the above, the present petition is disposed of with liberty to the petitioner to approach the learned trial court for grant of temporary bail on health grounds. The learned trial court shall do well to ascertain the latest health status of the petitioner by subjecting him examination by a Board of Doctors before taking any decision in the matter. It is further provided that the interim protection granted to the petitioner vide Order dated 11th of May 2026 in Bail Application No. 19/2016 passed by this Court shall remain in operation for a further 2 | P a g e period of ten days from today, so as to enable the petitioner to approach the learned trial court for grant of fresh bail on medical grounds.

#07. The learned trial court shall be at liberty to extend the interim protection from time to time, in case the situation warrants so.

#08. The petition is disposed of along with connected CrlM. (Sanjay Dhar) Judge SRINAGAR 12-08-2026 Showkat Khan 3 | P a g e