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2010 Supreme(J&K) 658

Mansoor Ahmad Mir
Mian Ab. Qayoom – Appellant
Versus
State Of J&K – Respondent


Advocates Appeared:
Z.A. Qureshi, M.A. Dar, A.M. Magray.

This Order will govern the bai petition under Section 498 Code of Criminal Procedure (for short Cr.P.C) for grant of bail in favour of the petitioner on the grounds taken in the memo of petition.

2. Respondents have filed the objections and resisted the same.

3. The following are the grounds urged by the petitioner in support for grant of bail:

i) that he is innocent, came to be involved in a false, frivolous, baseless, managed and manipulated F.I.R in order to avoid his release after revocation of the first detention order and even after quashment of second detention order;

ii) that there is no material collected by the Investigating Officer which would indicate that he is involved in any illegal activity/activities;

iii) that the grounds urged in the F.I.R were also taken in the memo of petition filed by State in opposition to the Habeas Corpus petition-petition filed by petitioner;

iv) petitioner has moved a petition under Section 561-A Cr.P.C which is pending and along side had filed an application for grant of bail, came to be rejected on the ground that on the said date the petitioner was not in custody in the said F.I.R.

4. Respondents have resisted the petition on the following gr


















































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