HC sets aside impugned order granting interim bail



SRINAGAR: Justice M.A Choudhary, Judge High Court of Jammu & Kashmir and Ladakh, Srinagar has set aside the impugned order of interim bail of Irfan Ahmad Gazi granted by Additional Session Judge Sopore in his judgment on June 17, 2022 in the case titled ‘Irfan Ahmad Gazi vs UT of J&K’ arising out of FIR 276/2021 of PS Sopore for the commission of offence punishable under Sec 8/21/22/29 of NDPS Act.
The UT of J&K, represented by Dy AG Sheikh Faroz vice Illyas Nazir Laway GA, sought cancellation of bail granted to the respondent vide impugned order dated 18-2-2022. The impugned order was assailed mainly on the ground that the commercial quantity of drugs including brown sugar had been recovered from the possession of the respondent on November 18, 2021 and that the respondent was a habitual offender already involved in the case of drugs.
Learned counsel for the UT argued that interim bail granted to the respondent on the pretext of some pregnancy related complicacy which he was not entitled in view of commercial quantity of drugs was recovered from his possession.
The Learned counsel for the respondent ex-adverse, Advocate Hussain Rashid argued that the respondent had been granted interim bail in view of the reason that the respondent’s wife who had been carrying pregnancy of 29 weeks had developed some serious complicacy including ‘Retro Placental Hematoma’ and that there was no male except the respondent to look after her and submitted that the application for cancellation of bail be rejected.
Justice M. A Choudhary, after hearing both sides, held that the court had exceeded its jurisdiction to grant interim bail for the period of three months and extending the same thereafter. As a sequel to what has been discussed hereinabove, the impugned order is bad in law and is not sustainable, the court observed.
“Same is ordered to be set aside and the respondent was directed to surrender before the court below to be remanded to the judicial custody on July 1, 2022”, the court observed.