Jammu & Kashmir High Court - Srinagar Bench
Manzoor Ahmad Sheikh And Ors vs Ut Of J&K And Anr on 29 April, 2021
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
S No. 104
Before Notice
IN THE HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
(THROUGH VIRTUAL MODE)
CrlM No. 424/2021
Bail Appl. No. 44/2021
CrlM No. 425/2021
Manzoor Ahmad Sheikh and Ors. Petitioner(s)
Through:- Mr. T. A. Lone, Adv.
Vs.
UT of J&K and anr.
Respondent(s)
Through:-
CORAM:-
Hon'ble Mr. Justice Sanjeev Kumar, Judge.
(O R D E R) 29-04-2021 CrlM No. 424/2021 Instant application seeking extension of time for annexing/depositing the requisite court fee with the writ petition, in view of the grounds urged therein, is allowed. The petitioner shall deposit the requisites court fee with the Registry of this Court within a period of one week from the date, Registry shall start working normally.
CrlM Disposed of.
Bail App. No. 44/2021:
This is an application moved by the petitioner in terms of Section 438 of Code of Criminal Procedure for grant of bail in anticipation of arrest in FIR No. 50/2021 for offences under Section 436, 147, 34 IPC registered with the Police Station, Sumbal. It is submitted that because of the political rivalry, the complainant has filed a false and frivolous FIR alleging that the petitioners have torched his house and have threatened to kill him. He submits that FIR has been lodged on the basis of belief of the complainant that it is only the petitioners who are AASIF GUL 2021.04.29 01:15 I attest to the accuracy and integrity of this document 2 CrlM No. 424/2021 Bail App NO. 44/2021 responsible for torching his house whereas there is neither any direct nor circumstantial evidence to substantiate the belief of the complainant.
I have heard learned counsel for the petitioners and perused the record.
Notice in the main as well as in CrlM returnable within two weeks. Requisite steps for service within one week.
SHO Police Station, Sumbal shall file the status report/objections by next date of hearing.
In the meantime, subject to objections and till next date of hearing, it is provided that in the event of arrest of the petitioners in FIR No. 50/2021, they shall be released on bail subject to furnishing of bail bonds to the tune of Rs. 10,000/- and one surety each of the same amount. This shall however be subject to the following conditions:
i) The petitioners shall not leave the jurisdiction of Police Station, Sumbal.
ii) They shall present themselves before the Investigating Officer as and when required.
iii) They shall not come in contact with the complainant directly or indirectly.
List on 17th May, 2021.
(Sanjeev Kumar) Judge SRINAGAR 29.04.2021 "Aasif"
Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No AASIF GUL 2021.04.29 01:15 I attest to the accuracy and integrity of this document