ZUBAIR AHMAD WANI Vs. GOVERNMENT OF J&K

JUDGEMENT

(1.) The petitioner has sought bail in anticipation of his arrest in FIR No.31/2021for offence under Sec. 489-C of IPC registered with Police Station, Kralgund.

(2.) As per the allegations made in the FIR, on 1/6/2021, when the police had laid Naka, the petitioner upon spotting the police tried to run away. He was apprehended by the police and from his possession, counterfeit currency worth Rs.94000.00 comprising 47 notes of Rs.2000.00 denomination, was recovered.

(3.) It appears that vide order dtd. 29/6/2021 passed by Judicial Magistrate, 1st Class, Handwara, the petitioner, after his arrest, was released on interim bail up to 7/7/2021. The aforesaid order has been withdrawn by the learned Judicial Magistrate, 1st Class, Handwara, on 1/7/2021, by observing that the offence under Sec. 489-D of IPC is of special nature, as such, the said Magistrate does not have jurisdiction to entertain the bail application.