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2024 Supreme(J&K) 322

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR 
SANJAY DHAR, J
BILAL AHMAD LONE – Appellant
Versus
UT OF J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Zahid Hussain Dar, Advocate, with Mr. Bhat Shafi, Advocate.
For the Respondent:Mr. Satinder Singh Kala, AAG, with Ms. Raheela Khan, Assisting Counsel-for R1 Ms. Yasmeema, Advocate, vice Mr. T. M. Shamsi, DSGI for R2 & R3.

JUDGMENT :

1) The petitioner, through the medium of present petition, has invoked jurisdiction of this Court under Section 482 of the Cr. P. C for challenging vires of Section 306 (4)(b) of the Code of Criminal Procedure and for grant of bail in a case arising out of FIR No. 42/2020 for offences under Section 302, 364, 201, 436, 182 of IPC and Section 7/25 Indian Arms Act registered with Police Station, Herpora Shopian, which is stated to be pending trial before the Court of Principal Sessions Judge, Shopian.

2) During the course of hearing, learned counsel for the petitioner submitted that he would confine this petition to the prayer relating to grant of bail and that he would give up the challenge to the vires of the provisions contained in Section 306 (4)(b) of the Cr. P. C.

3) The facts leading to the filing of this petition are that on 18.07.2020, a complaint was received by Police Station, Herpora, Shopian, from Major Kush, Adjutant-62 RR, to the effect that he had received information with regard to hiding of unknown terrorists in Village Amshipora, as a consequence whereof, on 17.07.2020, a cordon and search operation was launched during which three unidentified hardcore terro

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