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2022 Supreme(J&K) 314

ALI MOHAMMAD MAGREY, MOHD. AKRAM CHOWDHARY
Peerzada Rafiq Maqdoomi – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: N.A. Ronga, Umar Nazir Ronga
For the Respondent: Asifa Padroo

JUDGMENT :

Per Chowdhary, J.

1. Appellant herein moved an application for grant of regular bail before the Special Designated Court Under NIA Act Srinagar on 07.02.2022 in a case registered at Police Station Kothibagh vide FIR No. 82/2020 for the commission of offences punishable under Sections 13/18/20/38 Unlawful Activities (Prevention) Act, 1967 and under Sections 34/121/121-A/120-B/124-A/201/468/506 IPC.

2. On 20.01.2022, charge-sheet was laid against the accused including the appellant herein for the commission of aforementioned offences before the same Court for judicial determination.

3. Appellant preferred another application with additional grounds for grant of bail and by virtue of these additional grounds it was prayed for grant of default bail in his favour. The court below, after seeking objections from the other side, rejected the plea of the appellant vide order dated 19.02.2022 (hereinafter called 'impugned order').

4. The appellant has assailed the impugned order through the medium of this appeal in terms of Section21 of NIA Act mainly on the following grounds:-

    (i) That, the learned Special Judge while deciding the application of the appellant, has not considered all th

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