JAVAID AHMAD SHEIKH Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) This appeal is preferred against the order dated 9 th of March, 2020, as passed by the Court of learned Special Judge Designated under NIA Act, Srinagar, in case titled 'Javaid Ahmad Sheikh v. State through Police Station, Awantipora', whereby the application filed by the appellant for admitting him to bail has been rejected.

(2.) The brief facts leading to the filing of the instant appeal are that pending trial in case bearing FIR No. 71/2011, registered in Police Station, Awantipora, for the commission of offences punishable under Sections 302, 307, 212, 109 and 120-B of the Ranbir Penal Code (RPC) read with Section 7/27 of the Arms Act and 19 Unlawful Activities (Prevention) Act, the then learned trial Court, i.e., the Court of learned Principal Sessions Judge, Pulwama, admitted the appellant to bail on 23rd of August, 2011. Thereafter, as stated, on 2nd of August, 2019, the case stands transferred to the Court of learned Special Judge Designated under NIA Act, Srinagar, being the court of competent jurisdiction after the creation of such Courts by the Government. It is pleaded that, thereafter, the said Court on 29th of August, 2019, issued non- bailable warrants of arrest issued against the appellant, in pursuance whereof the appellant claims to have surrendered before the learned trial Court on 2nd of February, 2020, wherefrom he was send to judicial lockup. Subsequently, the appellant claims to have made an application before the learned trial Court for seeking his release on bail, which application, in terms of order dated 9 th of March, 2020, stands rejected. It is this order that has been assailed by the appellant through the medium of the instant appeal.

(3.) Mr Qurashi, the learned senior counsel, appearing for the appellant, submits that the learned trial Court has rejected the bail application of the appellant on the sole ground of the absence of the appellant. It is further submitted that the appellant has been attending the trial regularly right from its inception, i.e., the year 2011 till 2nd of August, 2019 and for the absence as observed by the learned trial Court a valid reason was given by the appellant that he met with a fatal accident resulting in his long-time hospitalization and subsequent bed rest, besides the complete medical record thereof was also placed before the learned trial Court. Thereafter, as stated, owing to the situation which arose after 5th of August, 2019 in the Kashmir Valley, the appellant was not in a position to communicate even with his lawyer, muchless appear before the learned trial Court and that as the situation improved and curbs imposed by the authorities were eased, the appellant came to know about the issuance of non-bailable warrants by the learned trial Court, whereafter he, on his own, surrendered before the trial Court. The learned senior counsel pleads that the learned trial Court, instead of appreciating the conduct of the appellant, rejected the application of the appellant for seeking his release on bail.