NAZIR AHMAD BHAT Vs. UNION TERRITORY OF J&K
LAWS(J&K)-2020-9-51
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 18,2020

NAZIR AHMAD BHAT Appellant
VERSUS
Union Territory Of JAndK Respondents

JUDGEMENT

Rajesh Bindal,J. - (1.)The applicant has filed the present application seeking clarification of the order passed by this Court on 08.07.2020. Further prayer has been made for the release of the applicant from custody.
(2.)Mr. Imtiyaz Ahmed Sofi, learned counsel for the applicant submitted that it is a case, in which learned court below has tried to overreach the order passed by this Court. The applicant is an accused in FIR No. 143/2012 registered under sections 302/34 RPC, at Police Station Bandipora. On account of his severe illness and on production of medical record, he was granted interim bail by the learned court below for undergoing treatment. The same was extended from time to time as the date for surgery was extended by the Hospital from time to time on account of COVID-19 Pandemic. Vide order dated 29.06.2020, extension of the interim bail was granted till 10.07.2020. It was specifically mentioned in the order that no further extension will be granted. As the surgery of the petitioner had not yet been performed, he approached this Court by filing the bail application. In the petition filed by the petitioner, on 08.07.2020 while issuing notice to the respondents for 27.07.2020, interim bail granted to him, was extended. Thereafter, the matter could not be taken up for hearing for the reasons beyond the control of the applicant. The next date of hearing as uploaded on the Website of the High Court was 17.08.2020 and thereafter as 28.08.2020.
(3.)When this Court had issued notice in the bail application of the applicant for 27.07.2020 and extended the interim bail already granted, the trial court had adjourned the matter pending before it to 28.07.2020. As 28.07.2020 happened to be a court holiday, the matter was taken up on 29.07.2020 by Shri Iqbal Ahmad Masoodi stating himself to be Incharge Principal Sessions Judge, Bandipora and the matter was adjourned to 05.08.2020. It is noticed in the aforesaid order that the date of surgery has been fixed by the hospital as 28.08.2020. The interim bail granted to the applicant was extended till the next date.
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