B’pora court dismisses revision petition, stay on Masarat’s bail

Published at March 21, 2017 01:30 AM 0Comment(s)746views


Rising Kashmir News

Bandipora, Mar 20:

Sessions’ court, Bandipora Monday dismissed the stay order on the bail order of senior Hurriyat (G) leader and Muslim League Chairman Masarat Alam Bhat.
The court also dismissed a revision petition filed by the government against Alam.
Session Court had suspended the bail order of Masarat after revision petition filed by the government.
However, Session Judge S K Bhagat after hearing arguments of defence and prosecution today dismissed the revision petition.
While dismissing the revision petition, the court stated the revision petition as well as application filed by the government being non-maintainable in law deserves outright rejection and therefore on this count as well, the application filed by the government deserves to be dismissed and ex-parte interim order dated 21-02-217 also deserves to be withdrawn.
The order further stated that the order passed by the CJM Bandipora on the petition for bail is an interlocutory order and cannot be challenged by the revision before this court.
Therefore, revision in law is not maintainable before this court which is accordingly dismissed as the revision has been preferred against interlocutory order, the judge said.
The court further stated that suspension of order of CJM Bandipora dated 21-02-2017 passed by this court is also required to be vacated and it is accordingly vacated
The revision is consequently dismissed and order of suspension of the order of CJM Bandipora by this court is hereby withdrawn, the judge said and disposed off the petition.
Earlier, in February CJM Bandipora had granted bail to Alam in a case FIR No. 53/2015 under section 13 U.L P/S Sumbal. However, the government through its prosecutor filed the revision petition challenging the bail order.
Masarat is undergoing detention in a case registered at police station Sumbal under FIR No 53/2015.
The rejection of petition by the court, according to legal experts has paved way of Masarat’s release.

 

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