Supplementary-1 Cause List v. (ORDER)

Ahmad Hamdani R/o L. D. Colony, Rawalpora, Sanat Nagar, Srinagar, along with other co-accused, on 22nd of August, 2022, had filed application under Section 438 of the Code of Criminal Procedure before the Court of learned Principal Sessions Judge, Srinagar for seeking pre-arrest bail in connection with case bearing FIR No. 43/2022 registered in Police Station Women’s, Srinagar for the commission of offences punishable under Sections 498-A, 406 and 506 of the Indian Penal Code (IPC). The Court of learned Principal Sessions Judge, in terms of Order dated 22nd of August, 2022, on consideration of the matter, directed the police authorities concerned that in the event of the arrest of the Applicant, along with other co-accused, they shall be admitted to interim bail on furnishing of surety and personal bonds in the amount of Rs.30,000/- each provided they are not involved in the commission of any offence which is punishable with death or imprisonment for life, imprisonment exceeding the term of 07 years or any other offense triable by Special Judge under SC/ST(PoA) Act 1989, NDPS Act, the UA (P) Act, 1967, Prevention of Money Laundering Act, 2002 and NIA Act, 2008.

Thereafter, the matter was directed to be put up on 29th of August, 2022 for filing of Objections, on which date, the interim bail was extended up to 16th of September, 2022. On 16th of September, 2022 the interim bail was further extended up to 28th of September, 2022, on which date, however, the Court below extended the interim bail up to 14th of October, 2022 except in case of accused No.1/ Applicant herein. This is how the present application has been preferred by the Applicant herein before this Court for seeking the relief of pre-arrest bail in connection with the aforementioned case. Mr M. I. Qadri, the learned Senior Counsel representing the Applicant, submitted that the learned Sessions Judge has extended the pre- arrest bail granted by it on the earlier occasion with regard to other co- accused, but has not extended the same to the extent of the accused No.1/ Applicant herein without assigning any reason therefor.

It is contended that the non-extension of the bail to the case of the Applicant herein amounts to rejection of pre-arrest bail and, therefore, fresh cause has accrued to the Applicant for which the Applicant has no alternate efficacious remedy except to file the instant Application before this Court. Having heard the learned Senior Counsel on behalf of the Applicant and after going through the material available on record, coupled with the fact of the bail having already been granted by the Court below to all the accused and, thereafter, extended till 14th of October, 2022 with respect to other co-accused, it shall be appropriate to dispose of this application with a direction to the learned Principal Sessions Judge, Srinagar to consider the application of the Applicant herein/ accused No.1 for grant or otherwise of pre-arrest bail along with other co-accused on the next date of hearing fixed before it.

Ordered accordingly to that extent. It is further provided that till such time the matter is next considered by the Court below, the Order dated 28th of September, 2022; whereby pre-arrest bail was extended to the other co-accused; shall also apply to the case of the Applicant and he shall be admitted to pre-arrest bail. The Applicant shall, however, appear before the Court below on the next date fixed before it or when the matter is next considered by the Court below, whichever is earlier. Disposed of as above, along with the connected CrlM. (Ali Mohammad Magrey) Judge SRINAGAR October 7th, 2022 “TAHIR” TAHIR MANZOOR BHAT 2022.10.07 16:44 I attest to the accuracy and integrity of this document