18.04.2026
(Per, Oswal, J)
1. This appeal is directed against the order dated 30th November, 2023,
passed by the Court of Special Judge designated under NIA Act,
Pulwama (for short “trial court”) whereby the respondents have been
released on bail in FIR No. 149/2022 of P/S Tral for the offences
punishable under Sections 18,23,38,39 ULA(P) Act, 7/25 Arms Act.
2. It is urged by the appellants that the learned trial court in utter disregard
of the provisions contained in Section 43(D) ULA (P) Act has enlarged
the respondents on bail, as such, the order is not sustainable in the eyes
of law.
3. Ms. Maha Majeed, learned Assisting counsel for the appellant has
submitted that the learned trial court has appreciated the evidence while
considering the bail application and despite there being bar under
section 43(D) ULA (P) Act, has granted the bail.