High CourtsSingle Bench(2021) 10 J&K CK 0029

Majid Farid Shapoo vs Union Territory Of J&K

Jammu And Kashmir High Court · Decided on 1 October 2021

HON’BLE JUDGES
Javed Iqbal Wani, J
CASE NUMBER
Bail Application (B.A) No. 304 Of 2021

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Judgment

16 paragraphs · 359 words

Javed Iqbal Wani, J

The petitioner herein seeks bail in anticipation of his arrest in case FIR No. 01/2013 dated 16.01.2013 registered with Police Station, Crime Branch, Jammu.

According to appearing counsel, the petitioner has been implicated in the FIR as an accused and that the FIR culminated in presentation of a challan pending before the 1st Additional Sessions Judge, Jammu.

According to appearing counsel, the petitioner had been working at Karnataka, Bangalore since 2014 and that in the charge-sheet presented before the Court a general warrant of arrest had been issued without knowledge or intimation to the petitioner.

According to learned counsel, the petitioner has strong reasons to believe that he would be arrested by the respondents for commission of the offences covered under the FIR/charge-sheet and that on account of pendency of the charge-sheet for trial before the trial court, the petitioner chose to file the instant application before this Court instead of trial court where upon his appearance the petitioner apprehends his arrest.

Heard learned counsel for the petitioner and perused the record.

There appears to be substance in the submissions made by learned counsel for the petitioner, entitling the petitioner for grant of bail in anticipation of his arrest, at this stage.

Notice to the respondent returnable within two weeks.

At this stage, Mr. Raman Sharma, learned AAG present, enters appearance and accepts notice on behalf of the respondent.

Objections by or before the next date of hearing.

In the meanwhile, subject to objections and till next date of hearing, in the event of arrest of the petitioner in case FIR No. 01/2013 dated 16.01.2013, they shall be released on bail subject to the following conditions:-

(i) Subject to furnishing of two sureties to the tune of Rs. 50,000/- each to the satisfaction of the Investigating Officer and personal bond of the like amount each.

(ii) He shall appear before the Investigating Officer as and when required.

(iii) He shall not contact with any of the prosecution witnesses during the investigation.

(iv) He shall not leave the territorial jurisdiction of the District without prior permission of this Court.

List along with CRM(M) 542/2021 on 29.10.2021.