Makhan Lal vs Union Territory of Jammu and Kashmir

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(J&K) 623

MOHAN LAL
Makhan Lal – Appellant
Versus
Union Territory of Jammu and Kashmir – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Jagpaul Singh.
For the Respondent: Vishal Bharti.

JUDGMENT :

MOHAN LAL, J.

1. Petitioner has invoked the Inherent Jurisdiction of this court under the provisions of Section 482 of the Code of Criminal Procedure (hereafter referred as the 'Code') for quashment of the order dated 15.02.2022 rendered by the trial court of Ld. Pr. Sessions Judge Samba in criminal challan titled UT of J&K Vs. Sandeep Sharma and Anr. for commission of offences punishable u/ss 8/21/22/25/29 of NDPS Act, whereby, the application of the petitioner seeking release of cash security of Rs. 100000/- (Rs. One Lac) deposited for grant of interim bail was dismissed.

2. Aggrieved of and dissatisfied with the impugned order dated 15-02-2022, petitioner has assailed it's legality, propriety and correctness and has sought its setting aside/quashment on the following grounds:

(i) that in a Criminal Challan titled “UT of J&K V/s Sandeep Sharma and Anr.” bearing FIR No. 31/2020 for commission of offences u/ss 8/21/22/25/29 NDPS Act pending disposal before the Court of Ld. Pr. Sessions Judge Samba, son of the petitioner namely Sandeep Sharma is one of the accused and is presently lodged in Central Jail Kot Bhalwal Jammu.

(ii) that the son of petitioner applied for interim bai

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