Being A Lawyer

18/12/2025

Following

04/11/2025

Order of bail of Principal Sessions Judge, Anantnag set aside by High Court, remands the matter back

Ut Of J&K Through Police Station Mattan vs Muzaffar Ahmad Khan And Anr on 3 November, 2025

It has further been recorded by the learned Sessions Judge that from a perusal of the entire evidence he is of the opinion that at this stage, accused deserves to be admitted to bail. No discussion or reasons have been recorded by the learned Sessions Judge for coming to the conclusion that the respondents/accused deserve to be enlarged on bail. This Court is conscious of the legal position that at the time of considering the plea of bail, it is not open to the court to meticulously examine and analyze the evidence led by the prosecution but at the same time, the order granting bail should at least record a prima facie opinion about the existence of ground for grant of bail particularly in a case where an embargo of Section 37 of the NDPS Act is attracted. The Court in such case has to record a satisfaction that the accused is not guilty of an offence involving possession of commercial quantity of contraband substance. In the instant case, no such exercise has been undertaken by the learned Sessions Judge as such, the order impugned is rendered unsustainable in the eyes of law.

5. In view of the above, while setting aside the impugned order passed by the learned Sessions Judge, the case is remanded to the said court with a direction to pass a fresh order after hearing the parties and after assigning the reasons in support of the view that may be taken by the learned Sessions Judge.

Hon'ble Justice Sanjay Dhar Judge

03/11/2025

SC mulls compensation for wrongful conviction

03/11/2025

Read more at:
http://m.timesofindia.com/articleshow/124979523.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

19/12/2024

19/12/2024

. Calendar 2K25

04/11/2024

11/01/2024

The Supreme Court struck down the remission granted by the Gujarat government to 11 convicts who were serving life imprisonment for the gangrape of Bilkis Bano during the communal riots in Gujarat in 2002.