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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
TASHI RABSTAN, CJ., M A CHOWDHARY
Sajad Ahmad Dar, S/O Sonaullah Dar – Appellant
Versus
Union Territory of J&K through Additional Chief Secretary – Respondent
ORDER :
01. The instant appeal has been filed by the appellant challenging the order dated 08.06.2024 (for short, ‘impugned order’), passed by the Court of learned Additional District & Sessions Judge (Designated Special Court under NIA Act), Kupwara (for short, ‘trial court’) in a case titled ‘UT of J&K vs. Sajad Ahmad Dar & Ors whereby the trial court, while observing that the offences attributed to the applicant/appellant fall under Chapters IV and VI of ULA (P) Act, rejected the application of the applicant/appellant, for release on bail.
02. The appellant has challenged the impugned order on the grounds that the trial court has committed error/mistake while passing the impugned order, without appreciating the medical report wherein the appellant, who is an innocent and is not linked with any terror organization, is suffering from deadly disease and his continuous detention would be fatal to his life at any point of time; that the trial court, while rejecting the bail application, has relied upon the statement given by one of the accused who has named the appellant in the present FIR which, as per the law laid down, cannot be read against another accused; that there is no incrimi
The court upheld the trial court's rejection of bail, emphasizing that intricate questions of the case's merits are not to be considered at the bail stage.
Prolonged incarceration and nature of allegations allow for bail under UAPA, balancing statutory provisions with constitutional rights.
Right to speedy trial enshrined in Article 21 prevails over statutory provisions restricting bail, especially when prolonged incarceration is evident.
The absence of prima facie evidence against the appellant under UAPA necessitates granting bail, regardless of the framing of charges.
Bail under UAPA Section 43-D(5) denied despite over five years' custody; prima facie material including bank transactions shows direct terror funding involvement, trial progress outweighs delay.
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