Gulzar Ahmad Allaie Th.His Wife vs Union Territory Of J And K Th.S.H.O P/S … on 14 July, 2026

    0
    6
    ADVERTISEMENT

    Jammu & Kashmir High Court – Srinagar Bench

    Gulzar Ahmad Allaie Th.His Wife vs Union Territory Of J And K Th.S.H.O P/S … on 14 July, 2026

    Author: Sanjay Dhar

    Bench: Sanjay Dhar

                                                         7
                                                         Regular
    
        IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                         AT SRINAGAR
    
                  Bail App 66/2026 CrlM(544/2026)
    
    GULZAR AHMAD ALLAIE TH.HIS WIFE
                                           ..... Petitioner(s)
    
                          Through: Mr. Suhail Ahmad Shah,
                                    Advocate.
    
                       V/s
    UNION TERRITORY OF J AND K TH.S.H.O P/S YARIPORA
                                                   ..... Respondent(s)
                         Through: Mr. Numan Malik, GA.
    Coram:
              Hon'ble Mr. Justice Sanjay Dhar, Judge
    
                               ORDER
    

    14.07.2026

    1. Heard learned counsel for the parties and perused the

    SPONSORED

    record.

    2. It appears that the petitioner is involved in a case arising

    out of FIR No. 71/2021 for offences under Section 8/20

    of NDPS Act and he is facing trial in the said offence

    before the court of learned Principal Sessions Judge,

    Kulgam. It also appears that during the pendency of the

    charge sheet, the petitioner was enlarged on bail by the

    learned trial court in terms of order dated 22.12.2021
    Page |2
    Bail App 66/2026
    CrlM(544/2026)

    subject to several conditions including the condition that

    the petitioner shall not indulge in subversive activities or

    repeat any such offence.

    3. The record shows that the petitioner was again booked in

    FIR No. 36/2024 for offence under Section 8/20 of

    NDPS Act registered with Police Station Qaimoh. When

    this fact was brought to the notice of the learned trial court

    by the prosecution by filing an application for cancellation

    of bail, the learned trial court passed order dated

    23.03.2025 whereby bail granted to the petitioner was

    cancelled. The petitioner has not assailed the said order

    but has approached this Court directly for grant of bail.

    4. The order whereby bail of the petitioner has been

    cancelled, appears to be well founded because the

    condition on which the petitioner was granted bail has

    been violated inasmuch as he is alleged to have indulged

    in an offence under NDPS Act. The petitioner, it seems,

    after cancellation of the bail has been in custody for more

    than one year. Therefore, during the interregnum, there

    must have been substantial progress in the trial of the case.

    Page |3
    Bail App 66/2026
    CrlM(544/2026)

    Therefore, the petitioner may do well to again file

    application for grant of bail before the trial court in view

    of the changed circumstances.

    5. Accordingly, the petition is disposed of with liberty to the

    petitioner to approach the trial court with an application

    for grant of bail on fresh grounds in view of the changed

    circumstances. As and when such an application is made

    by the petitioner before the learned trial court, the same

    shall be disposed of by the said court most expeditiously

    preferably within one month.

    6. Disposed of as above.

    (Sanjay Dhar)
    Judge

    SRINAGAR
    14.07.2026
    Aasif



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here