Jammu and Kashmir High Court
Bail App/70/2024 of UNION TERRITORY THROUGH POLICE STATION BARAMULLA (HOME DEPARTMENT) Vs FAROOQ AHMAD MALIK AND ANR. on 29 August 2026
No. 11 Regular Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Bail App No. 70/2024 CrlM No. 1079/2024 Union Territory of J&K, Through Station House Officer, Police Station Baramulla. … Petitioner(s) Through: - Mr Hakeem Aman Ali, Dy. AG. V/s Farooq Ahmad Malik &
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Serial No. 11 Regular Cause List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
Bail App No. 70/2024 CrlM No. 1079/2024
Union Territory of J&K, Through Station House Officer, Police Station Baramulla. … Petitioner(s)
Through: - Mr Hakeem Aman Ali, Dy. AG.
V/s
Farooq Ahmad Malik & Anr. … Respondent(s) Through: - Ms Sabreena Bashir, Advocate vice Mr Shafqat Nazir, Advocate.
CORAM:
HON’BLE MR JUSTICE SHAHZAD AZEEM, JUDGE.
(ORDER) 29.08.2026
01. Heard learned Counsel appearing for the Petitioner-UT.
02. The Petitioner-Union Territory of Jammu & Kashmir has invoked the jurisdiction of this Court seeking cancellation of Order dated 30th of December, 2023 passed by the Court of learned Principal Sessions Judge, Baramulla [Trial Court], whereby the Respondents herein were granted interim bail in FIR No. 55/2023 of Police Station, Baramulla for offences punishable under Sections 8/22 and 29 of the Narcotic Drugs and Psychotropic Substances Act [NDPS Act].
03. The contention of the Petitioner is that, while granting interim bail to the Respondents, the Trial Court did not take into consideration the parameters as envisaged under law as also the nature of offences alleged to have been committed by the Respondents.
04. Admittedly, the Respondents herein were admitted to interim bail and the matter is still pending on the docket of the Trial Court. Therefore, the Petitioner is required to first exhaust the remedy before the Trial Court, which has granted the interim bail in favour of the
Respondents, instead of invoking the extraordinary jurisdiction of this Court.
05. Confronted with the above given facts and circumstances, learned Counsel for the Petitioner seeks liberty to approach the Trial Court so as to avail the remedy as provided under law.
06. In view of above, this Petition is disposed of at this stage with the liberty as prayed for and, in case, any such application is filed before the Trial Court, same shall be considered and disposed of expeditiously, in tune with the mandate of law governing the subject.
07. Petition is, thus, disposed of on the above terms, along with the connected CrlM.
(SHAHZAD AZEEM)
JUDGE SRINAGAR August 29th, 2026 “TAHIR” Tahir Manzoor Bhat I attest to the accuracy and authenticity of this document