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2015 Supreme(J&K) 435

N.PAUL VASANTHAKUMAR, HASNAIN MASSODI
Mushtaq Ahmad Peer – Appellant
Versus
State of Jammu and Kashmir – Respondent


Advocates Appeared:
For the Appellant :Z.A. Qureshi, Sr. Advocate, Shagufta and M.M. Iqbal, Advocates
For the Respondents:B.A. Dar, AAG, B.A. Bashir, Sr. Advocate and Farah Bashir, Amicus Curaie

JUDGMENT :

N. Paul Vasantha Kumar, J.

1. The revision petition is filed challenging the order of rejection of bail application filed by the petitioner in File No. 201/Misc. dated 02.05.2015 whereby the petitioner's bail application has been rejected. The revision petition being not maintainable as the petitioner can only file bail application before this Court under Section 498 Cr.P.C. as the Special Judge Anti-Corruption, Kashmir, Srinagar, has denied the bail, hence we are inclined to dismiss the Criminal Revision petition No. 15/2015 as not maintainable and are constrained to take up the bail application No. 46/2015 for consideration. The case of the petitioner herein is that the Crime Branch Kashmir registered FIR No. 24 of 2013 for offences under Sections 420, 120-B RPC read with Section 5(1) of the Prevention of Corruption Act, SVT. 2006 and the petitioner was arrested on 23.11.2013 and from the said date he is confined to jail as an under trial prisoner. The Special Judge Anti-Corruption, Kashmir, Srinagar, framed charge against 51 accused persons and the petitioner is shown as accused No. 1. All the accused persons except petitioner, have been released on bail by this Court.


















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