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Ghulam Mohammad Bhat And Ors vs Station House Officer Police … on 13 July, 2021

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S.No. 103
Suppl. 1 List

HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR

CRM(M) 205/2021 CrlM(784/2021)

GHULAM MOHAMMAD BHAT AND ORS.
…Petitioner(s)

Through: Mr. Showkat Ahmad Makroo, Adv.

V/s
STATION HOUSE OFFICER POLICE STATION SAFAPORA AND ANR.

…Respondent(s)
Through:

Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

ORDER

1. Short grievance projected by the petitioners in this petition is that
petitioner No.1 2 were granted interim bail on 01.05.2021 in
anticipation of their arrest by the court of learned Principal
Sessions Judge, Ganderbal in FIR No. 17 of 2021 under
Sections
354,
323 427 IPC dated 29.04.2021, which interim bail was later
on withdrawn by the said court vide order dated 24.06.2021 on the
ground that the petitioners had been held entitled to the concession
of interim anticipatory bail only if they were not involved in any
offence which carries the punishment for more than five years.

2. Mr. Makroo, learned counsel for the petitioners pointed out that the
observations of the learned Principal Sessions Judge were not
correct, in that, vide order dated 01.05.2021 the petitioners 1 2
were granted interim anticipatory bail subject to the condition that
the petitioners were not involved in any offence which carried the
punishment of more than five years. It is, thus, submitted that the
learned Sessions court erroneously withdrew the concession of
interim anticipatory bail granted in their favour. Learned counsel
also submitted that after the registration of aforementioned FIR,
the statement of respondent no.2-victim under
Section 164 Cr.PC
-2-
has been recorded in which she has categorically stated that no
offence particularly under
Section 354 IPC has been committed by
any of the petitioners.

3. Heard Mr. Makroo, learned counsel for the petitioners and perused
the record.

4. Notice. Mr. Asif Maqbool, Dy.AG appearing vice Mr. Rayees ud
din Ganie, GA waives notice on behalf of respondent No.1.

5. Notice shall go to respondent No.2, to be served through SHO
Police Station, Safapora, Ganderbal.

6. List on 25.08.2021.

7. Learned counsel for the official respondent shall file status report
by next date including copy of the statement of respondent No.2
victim, if any recorded under Section 164 Cr.PC.

8. In the meanwhile, the concession of interim anticipatory bail
granted by the court of Principal Sessions Judge, Ganderbal vide
its order dated 01.05.2021 shall continue to remain in operation
subject to the conditions laid down therein till next date of
hearing.

(SANJEEV KUMAR)
JUDGE
Srinagar
13.07.2021
Muzammil. Q

MUZAMIL QADIR
2021.07.13 14:29
I attest to the accuracy and
integrity of this document

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