SHAM SINGH Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Through the medium of instant petition, the petitioners are seeking bail in anticipation of arrest in FIR No.201/2020 for offences under Sections 452, 323, 364 and 34 IPC registered at Police Station, R.S.Pura.

(2.) It is pleaded in the petition that the petitioners had approached the Court of learned Judicial Magistrate, 1st Class, R.S.Pura for grant of regular bail and vide order dated 03.11.2020, the petitioners were admitted to interim bail till 10.11.2020, which was extended from time to time. It is further averred that the complainant party approached this Court by way of a petition under Section 482 Cr.P.C. challenging the order of the learned Judicial Magistrate, whereby the petitioners were admitted to interim bail. In the said petition bearing CRM(M) No.400/2020, a Co-ordinate Bench of this Court vide its order dated 23.11.2020 stayed the proceedings of the bail application, pending before the learned Magistrate, as a result of which, the interim bail granted to the petitioners could not be extended further by the learned Judicial Magistrate.

(3.) In view of the aforesaid peculiar facts narrated in the petition, it will be appropriate, if this petition is also heard by the same Bench (Javed Iqbal Wani-J) that has passed order dated 23.11.2020 in CRM(M) No.400/2020.