Jammu & Kashmir High Court - Srinagar Bench
With Clubbed Matters vs Union Territory Through Police Station on 11 August, 2025
Author: Sindhu Sharma
Bench: Sindhu Sharma
S. No. 35
Regular Cause List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CrlA(D) No. 12/2025
With clubbed matters
Mohammad Aslam War ...Appellant/Petitioner(s)
Through: Ms. Asifa Padroo, Advocate
Vs.
Union Territory Through Police Station ...Respondent(s)
Yaripora
Through: Mr. Abdul Rashid Malik, Sr. AAG
CORAM:
HON'BLE MS JUSTICE SINDHU SHARMA, JUDGE
HON'BLE MR JUSTICE SHAHZAD AZEEM, JUDGE
ORDER
11.08.2025 This is an application seeking suspension of sentence dated 08.02.2025, on the ground that appellant is suffering from chronic disease and he is a chronic asthma patient and had suffered a severe deterioration of health a few days prior, requiring urgent medical attention. He was admitted to the Chest Disease Hospital, where he was placed on oxygen support and continuous medical treatment.
The health report of the appellant was called. The Superintendent Central Jail, Srinagar has filed the report on 17.04.2024, providing the health status report of the appellant, namely, Mohammad Aslam War S/O Ghualm Hassan War R/O Bijbehara Anantnag.
As per the report of the Superintendent, the applicant is having no comorbid condition as such as is a known case of Chronic Obstructive Disease (COPD), Type 2 Respiratory Failure, Renal Dysfunction, Hepatitis (HCV) Positive. The Superintendent has also stated that appellant needs consistent monitoring and possible adjustment and, as such, has a complexity health status and limited access to prison hospital healthcare and infrastructure presents significant challenges, affecting health care system.
Since it is stated that appellant is suffering from Chronic Obstructive Disease (COPD), the Superintendent Central Jail, Srinagar, shall produce the appellant before the Superintendent Chest Disease Hospital, who will arrange for the examination of the appellant by the concerned Specialist and report of the said Specialist shall be placed on record by next date of hearing.
List on 21.08.2025.
Meanwhile, Objections be filed.
(SHAHZAD AZEEM) (SINDHU SHARMA)
JUDGE JUDGE
SRINAGAR
11.08.2025
Shabroz