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Judgment
Javed Iqbal Wani, J
Learned counsel for the petitioner states that the petitioner is under custody in case FIR No. 42/2020 registered in Police Station Peer Mitha Jammu under sections 17, 18, 20, 21, 38 40 of U A (P) Act 1967. Petitioner is stated to be presently lodged at District Jail Amphala Jammu. According to the learned counsel, petitioner is student pursuing B.sc Nursing course from Ambika College of Chandigarh, affiliated with Baba Farid University of Health Science Faridkote. According to the learned counsel theory examinations in the aforesaid course are scheduled to be held from 6th of October to 14th of October 2020 followed by practical examinations. According to the learned counsel on account of the detention of the petitioner in connection with FIR supra, an application came to be filed by the petitioner before 3rd Additional Sessions Judge Jammu (Special Judge under NIA and UA(P) Act) through virtual mode seeking an interim bail for enabling him to appear in the above examination. The said application is stated to have dismissed on 03.10.2020.
Petitioner thus in the instant petition seeks quashment of the aforesaid order of the special Judge supra dated 03.10.2020 besides seeking an interim bail for appearing in the aforesaid examinations in the institutions supra.
Upon being summoned, respondents appeared through Mr. Aseem Sawhney learned AAG, who states to have filed objections resisting therein the petition in general and the prayer made by the petitioner for interim bail on the grounds that the petitioner is involved in a heinous crime and is not entitled to interim bail especially under the instant proceedings.
Without deliberating upon the merits of the case, at this stage it would be appropriate and in the interest of justice, having regard to the facts and circumstances of the case to direct the respondents to explore a possibility in consultation with the authorities of the aforesaid educational institutions as to whether the petitioner can take examination from the jail petitioner is presently lodged in by or before the next date. The Superintendent District Jail Amphala Jammu to coordinate and render all assistance in this regard to the respondents.
List the matter on 12.10.2020 as case no 1.
Copy of this order be furnished to Mr. Assem Sawhney learned AAG under the seal and signature of Bench secretary for compliance.