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2019 Supreme(J&K) 272

GITA MITTAL, TASHI RABSTAN
Ishrat Hussain Sheikh – Appellant
Versus
State through Police Station Achabal – Respondent


Advocates Appeared:
For the Appellant(s):Mr. Arshid Andrabi, Advocate
For the Respondent(s): Mr. Nissar Hussain Shah, Sr. AAG

Judgment

Gita Mittal, CJ.—The appellant has filed the present appeal impugning an order dated 27th May, 2019, whereby the learned Special Judge, designated under the National Investigation Agency Act, 2008, has rejected an application filed by the appellant for bail.

02. We have heard Mr Arshid Andrabi, learned counsel for the appellant and Mr Nissar Hussain Shah, learned Sr AAG, at great length.

We had also called for the record of the trial court which has been carefully perused by us.

03. It is on record in the reports before the trial court that during the intervening night of 7/8 September 2018 at about 23:45 hours, Police Station Achabal received information to the effect that some militants who were in two Maruti cars have carried out a murderous attack with their illegally acquired sophisticated weapons upon a police minority guard situated at Khul Ranipora which had resulted in serious injuries to the guard commander namely HC Janak Raj No.26/IRP 17th. However, one unknown militant had died in the retaliatory action on spot etc.

Acting on the aforesaid information, Case FIR No. 84/2018 U/S 307 RPC 7/27 Arms Act, 16, 20 and 38 ULA(P) Act was registered in Police Station Achabal.

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