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2024 Supreme(J&K) 133

SANJAY DHAR
Abdul Rashid, son of Mohd Iqbal Harga – Appellant
Versus
UT of Jammu and Kashmir through SHO, Police Station Gandoh – Respondent


Advocates Appeared:
For the Petitioners: Mr. I.H. Bhat.
For the Respondent: Mr. Adarsh Bhagat.

JUDGMENT :

1. By this common order, the afore-titled two bail applications, which arise from FIR No.35/2017 for offences under Sections 302, 307,458,436,511,201,120-B RPC and 7/25 Arms Act registered with Police Station Gandoh, are proposed to be disposed of.

2. The petitioners, who are facing trial in respect of charges for offences under Sections 302, 307,458,436,511,201,120-B RPC and 7/25 Arms Act before the Court of learned Additional Sessions Judge, Doda (‘trial Court’ for short), have moved this Court for grant of bail in terms of Section 439 of Cr.PC.

3. The first ground that has been urged by the petitioners is that they have been arrested in the year 2017 and since then, they have been in custody without there being any possibility of completion of trial in near future. It has been contended that only 24 prosecution witnesses have been examined by the prosecution before the trial Court, whereas in the challan, as many as 55 witnesses have been cited and that there is no immediate prospect of conclusion of the trial. Therefore, on the ground of long incarceration of the petitioners, they are entitled to grant of bail as the right to speedy trial has been recognized as a fun

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