Excelsior Correspondent
SRINAGAR, Sept 4: High Court today admitted on bail a person involved in commission of offence under Unlawful Activities (Prevention) Act and other charges, with the direction to jail authorities to release him provided he is not involved in any other case.
The Division Bench of Justice Ali Mohammad Magrey and Justice Sanjay Dhar while hearing an appeal challenging therein the rejection of bail by Special Judge Designated under NIA Act, directed for release of appellant Javaid Ahamd Sheikh of Dadsara Tral after furnishing of bail bond of Rs one lakh with a surety bond of same amount.
Court directed the appellant-Sheikh to make available himself before the investigating officer (IO) as and when required to do so and will not leave Kashmir without prior permission of the trial court. “The appellant will appear before the trial court on each and every hearing of the case”, DB directed.
It is pleaded before the court that the trial court on August 29 2019 issued non-bailable warrants of arrest against the appellant for not appearing before the court. In pursuance of the said order, appellant claims to have surrendered before the trial court wherefrom he was sent to judicial lockup.
Subsequently he moved application for his release on bail which was rejected by the trial court. Court has been informed that the trial court rejected the bail of the appellant on the sole ground of absence of appellant on hearing date before the court below.
It has been submitted that the absence of appellant was not intentional but he had met with a fatal accident resulting into his long time hospitalization and bed rest and thereafter due to post situation of August 5, 2019 attend the court.
DB after hearing the submissions of counsel and the perused the record said, the appellant had given valid reason for his non-appearance before the trial court, which seems to have not been considered by the court below.
Court also added that the investigation of the case is complete and the final report has also been filed, therefore, there is no scope for the appellant to hamper with any evidence in case he is released on bail.
The division bench keeping in view of all aspects said the trial court order required to be set aside and accordingly allowed the appeal by setting aside the order dated March 2, 2020 directed for release of appellant.
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