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2012 Supreme(J&K) 49

MANSOOR AHMAD MIR
Kamal Bakshi – Appellant
Versus
State & ors. – Respondent


Advocates Appeared:
B.A No. 131/2011
For the petitioner(s):Mr. Sunil Sethi, Sr. Advocate with Mr. Sumit Singh, Advocate.
For the petitioner(s):Mr. D.C.Raina, Sr. Advocate with Ms. Pooja Raina, Advocate.
For the respondent(s): Mr. S.C.Gupta, Sr. AAG.
B.A.No. 137/2011
B.A No. 132/2011
B.A.No. D-24/2012

It appears that the petitioners are involved, as alleged, in F.I.R No. 47 of 2011 & F.I.R No. 50 of 2011, registered with Police Station Ramgarh, District Samba, for the commission of offences punishable under Sections 420, 467, 468, 471, 120-B and 201 of Ranbir Penal Code (for short R.P.C), which according to the prosecution story and the order passed by the trial Court are against the public and economy also, which was perhaps the main grounds for not exercising the discretion under Section 497 of Code of Criminal Procedure (for short Cr.P.C) by the Court of Sessions Judge, Samba in their favour, constraining the petitioners to invoke the jurisdiction of this Court by the medium of above said bail petitions and have sought bail on the grounds taken in the memo of the petitions.

2. Mr. Gupta, learned Senior Additional Advocate General, has filed the objections on behalf of respondents. It is apt to reproduce para 1 of the said objections herein, which reads as under:-

“That FIR No. 47 of 2011 and FIR No. 50 of 2011 for offences under section 120-B, 420, 467, 468, 471 and 201 RPC have led to the filing of Challan, the same is passing in the Court of Sessions Judge, Samba. The investi














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