KHURSHID AHMAD WANI Vs. UNION TERRITORY OF JK

JUDGEMENT

(1.) This Criminal Revision is directed against the order dated 25 th of July, 2020, passed by the Court of learned Principal Sessions Judge, Bandipora, in case titled 'State v. Showkat Ahmad Parray and Ors.', whereby the interim bail granted in favour of the petitioner by the said Court, in terms of order dated 30th of June, 2020, stands cancelled on the ground of the petitioner having violated the terms and conditions prescribed by the Court for the said interim bail.

(2.) The material facts leading to the filing of the instant Criminal Revision, as stated by the petitioner in his Revision petition, are that pending trial in case titled 'State v. Showkat Ahmad Parray and Ors.'; bearing FIR No. 03/2020 for the commission of offences punishable under Sections 8/21 and 22 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the 'NDPS Act'), before the Court of learned Principal Sessions Judge, Bandipora, the petitioner claims to have approached the learned trial Court with an application for seeking his release on interim bail on the ground that his wife had to undergo some surgery and that there was no one in his home to make arrangements for the said surgery of the wife of the petitioner. The learned trial Court, in terms of order dated 30th of June, 2020, admitted the petitioner to short term bail till 14th of July, 2020, subject to the rider that the petitioner will surrender before the Court on 14th of July, 2020 without any fail and, that in default thereof, the benefit of bail allowed to the petitioner shall stand withdrawn and the Police would be at liberty to immediately arrest him without any further order from the Court. Thereafter, as stated, another application seeking extension in the interim bail so granted by the learned trial Court, in terms of order dated 30th of June, 2020, was filed on behalf of the petitioner. The said application, in terms of order dated 25 th of July, 2020, stands rejected by the learned trial Court on the ground of the petitioner having failed to surrender before the Court, thereby violating the terms and conditions prescribed in the order dated 30th of June, 2020. Besides, the learned trial Court directed its office to issue non-bailable warrants of arrest against the petitioner with a further direction to the Station House Officer (SHO) concerned to execute the warrants and produce the petitioner before the Court on or before the next date of hearing. It is this order passed by the learned trial Court that has been assailed by the petitioner through the medium of this Criminal Revision.

(3.) When this matter was taken up on motion hearing, i.e., on 13th of August, 2020, this Court, while issuing notice to the learned Advocate General, having regard to the fact that the petitioner was facing trial in connection with a heinous offence of 'Drug Trafficking'; having far reaching consequences on the very fabric of the Society, directed the Senior Superintendent of Police (SSP), Bandipora, to arrest the petitioner and lodge him in Central Jail, Srinagar. Thereafter, the matter was listed on 17 th of August, 2020, on which date, the learned Advocate General appeared through Virtual mode and submitted that he has prepared a detailed note on the issue involved with the support of relevant law as enunciated by Hon'ble the Supreme Court of the country and that same stands forwarded to the Bench Secretary of this Court through Mr Sajad Ashraf Mir, learned Government Advocate. However, since the said note was not available with the records of the file on that date, this Court, while adjourning the case to 24 th of August, 2020, directed Mr Sajad Ashraf Mir, learned Government Advocate, to make available before the Court the said note prepared by the learned Advocate General on the next date of hearing through the learned Registrar (Judicial). Subsequently, on 24th of August, 2020, the detailed note prepared by the learned Advocate General was attached with the records of the file and this Court, accordingly, finally heard the arguments on behalf of the parties and reserved the orders thereon. It is pertinent to mention here that the petitioner, pursuant to directions of this Court, has been re-arrested on 14th of August, 2020 by the concerned police authorities and lodged in Central Jail, Srinagar.