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2018 Supreme(J&K) 389

M.K.HANJURA
Nisar Ahmad Najar – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioner:Mr. M. Ayoub Bhat, Advocate
For the Respondent: Mr M.I. Dar, AAG.

JUDGMENT :

1. By the medium of this application, the applicant seeks his release on bail with a further prayer that the order dated 16th October, 2017, passed by the learned Principal Sessions Judge, Shopian be set aside.

2. The grounds that have been urged in the application for the grant of aforesaid relief’s are that the accused was arrested by the authorities of the Police Station, Shopian, in connection with a case bearing FIR No. 255/2015 for the commission of offences punishable under section 13 Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as the “Act of 1967”), and was lodged in Central Jail Srinagar, in terms of the order of detention bearing No. 88/DMS/PSA/2016 dated 10th February, 2017. The said order was assailed before this Court and the Court was pleased to quash the same vide order dated 26th of May, 2017. However, instead of releasing the detenue from the custody, yet another order of detention bearing No. 109/DMS/PSA/2017 dated 6th of October, 2017 was passed and till date the accused is languishing in jail.

3. It is stated that the accused filed an application for the grant of bail before the Court of learned Principal Sessions Judge, Shopian,



































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