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Abdul Majeed Lone vs Union Territory Of Jammu And Kashmir on 1 August, 2022

Bench: Chief Justice, Krishna Murari, Hima Kohli

                                                             1

     ITEM NO.25                                    COURT NO.1                   SECTION II­C

                                    S U P R E M E C O U R T O F             I N D I A
                                            RECORD OF PROCEEDINGS

                         Petition for Special Leave to Appeal (Crl.)            No.3961/2022

     (Arising out of impugned final judgment and order dated 31­01­2022
     in BA No. 78/2021 passed by the High Court of Jammu & Kashmir and
     Ladakh at Srinagar)

     ABDUL MAJEED LONE                                                           Petitioner(s)

                                                          VERSUS

     UNION                 TERRITORY   OF     JAMMU    AND   KASHMIR             Respondent(s)


     (IA No. 62879/2022 ­ EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT & IA No. 62883/2022 ­ EXEMPTION FROM FILING O.T.)

     Date : 01­08­2022 This matter was called on for hearing today.

     CORAM :
                             HON'BLE THE CHIEF JUSTICE
                             HON'BLE MR. JUSTICE KRISHNA MURARI
                             HON'BLE MS. JUSTICE HIMA KOHLI

     For Petitioner(s)
                                            Mr.   Danish Majiddar, Adv.
                                            Mr.   Bhat Shafi, Adv.
                                            Mr.   Anant Vikram Singh, Adv.
                                            Mr.   Abhay Anand Jena, AOR
     For Respondent(s)
                                            Ms.   Taruna Ardhendumauli Prasad, AOR
                                            Mr.   Ashish Madaan, Adv.
                                            Mr.   Amritesh Raj, Adv.
                                            Ms.   Ananya Sahu, Adv.

                              UPON hearing the counsel the Court made the following
                                                 O R D E R

1. Applications seeking exemption from filing certified copy of the Signature Not Verified impugned order as also for seeking exemption from filing Digitally signed by VISHAL ANAND official translation of the Annexure are allowed. Date: 2022.08.01 15:23:32 IST Reason:

2. Heard learned counsel appearing for the petitioner, learned counsel appearing for the Union Territory of Jammu & Kashmir and  2 perused the material available on record, including the counter affidavit filed by the UT.

3. Having regard to the fact that the petitioner is reported to be in jail since 1­3­2020 and has suffered incarceration for over 2 years and 5 months and there being no likelihood of completion of trial in the near future, which fact cannot be controverted by the learned counsel appearing for the UT, we are inclined to enlarge the petitioner on bail.

4. The petitioner is, therefore, directed to be released on bail, subject to such terms & conditions which the concerned Trial Court shall deem fit and find appropriate to impose upon him.

5. The Special Leave Petition is disposed of on the above terms.

  (VISHAL ANAND)                                  (R.S. NARAYANAN)
ASTT. REGISTRAR­cum­PS                           COURT MASTER (NSH)