High CourtsSingle Bench(2019) 10 J&K CK 0015

Khatija Bano & Anr vs State Of Jammu & Kashmir

Jammu And Kashmir High Court · Decided on 9 October 2019

HON’BLE JUDGES
Ali Mohammad Magrey, J
RESULT
Disposed Of
CASE NUMBER
Bail Application (BA) No. 104 Of 2019

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Judgment

8 paragraphs · 415 words

Mohammad Magrey, J

This application has been filed by the applicants seeking bail in anticipation of their arrest in case bearing FIR No. 68/2018 registered in Police Station, Kargil, for the commission of offences punishable under Sections 420, 468 and 471 of the Ranbir Penal Code (RPC), before the Jammu wing of this High Court, after seeking proper permission from Hon'ble the Chief Justice. Thereafter, in pursuance of the permission so granted by Hon'ble the Chief Justice, the learned Registrar (Judicial) of the Jammu wing of the High Court, vide communication bearing No. 12124 dated 1st of October, 2019, has forwarded the record of the petition to the learned Registrar (Judicial) of this wing of the High Court for further necessary action as per Guideline No.94 dated 7th of December, 2018. It is in this backdrop, that the instant application has been listed before this Court for consideration.

In the application, the applicants plead that the accusations levelled against them in the FIR aforesaid are totally false and that they have never produced any fake or forged document before the authorities, as alleged in the FIR.

When asked, as to why the applicants have not approached the learned Sessions Judge, Kargil, for seeking bail in the above stated case, the learned counsel for the applicants submits that the applicants have strong reason to believe that the authorities of Police Station, Kargil, on the basis of false accusations of having committed a non-bailable offence levelled against the applicants with ulterior motive to injure and harm the reputation of the applicants, will arrest the applicants illegally.

Having heard the learned counsel for the applicants, it is thought just and proper to give liberty to the applicants to approach the learned Sessions Judge, Kargil, for seeking the relief they have sought before this Court.

Ordered accordingly.

Let the applicants approach the learned Sessions Judge, Kargil, seeking bail in anticipation of their arrest in case bearing FIR No.68/2018 registered in Police Station, Kargil, for the commission of offences punishable under Sections 420, 468 and 471 of the Ranbir Penal Code (RPC) by Tuesday, the 15th of October, 2019. The learned Sessions Judge shall consider the application and pass appropriate orders in respect thereto with utmost dispatch and without seeking appearance of the applicants in person before it, of course, on its own merits. Till Tuesday, the 15th of October, 2019, the applicants shall not be arrested in connection with the FIR supra.

Disposed of as above, alongwith connected CrlM(s).