Union Territory Th. P/S vs Shahid Nazir Bhat And Ors on 18 April, 2026

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    18.04.2026
    (Per, Oswal, J)

    1. This appeal is directed against the order dated 30th November, 2023,

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    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.



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