WASEEM AHMAD TRAG Vs. UT OF J&K

JUDGEMENT

(1.) The applicant/accused has assailed the order dtd. 6/11/2021 passed by the learned Additional Sessions Judge, Pulwama whereby the bail application of the applicant/accused in FIR No. 201/2020 for offence punishable under Sec. 8/21, 29 NDPS Act registered in Police Station, Awantipora has been rejected. The main ground of the applicant/accused is that the evidence of the witness recorded by the trial court so far has not been appreciated for the purpose of the disposal of the bail application. The respondent-Union Territory of J&K is yet to file objections.

(2.) Learned counsel for the applicant/accused has vehemently argued that if a direction is issued to the trial court to appreciate the evidence of the witness recorded by the trial court for the limited purpose of disposal of the bail application, he would withdraw the instant application and file bail application before the trial court. To this argument, learned AAG has no objection.

(3.) Viewed thus, it is directed that the trial court shall for the disposal of the bail application, if preferred by the applicant/accused before the said court appreciate the evidence recorded so far only for the limited purposes of the disposal of the bail application.