Citing custody in other cases, court recalls warrants, grants bail to Bandipora man

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  • 30 Dec 2025

Srinagar, Dec 30: A special court designated under the NIA Act has recalled arrest warrants and granted bail to Mohammad Ramzan Khan of Bandipora after accepting his submission that his failure to appear before the court was not deliberate but because he was lodged in judicial custody in other cases. In an order passed on December 27, the court of Additional Sessions Judge (TADA/POTA) Manjeet Rai noted that Khan had earlier been granted bail in a case linked to FIR No. 34/2014 of Parimpora police station. However, warrants of arrest were later issued against him under Section 356 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, after he was shown as an absconder. The court recorded that Khan explained he was in District Jail Baramulla at the relevant time in connection with another case and, therefore, could not appear before the court. After hearing both sides and perusing the record, the court observed that the charge sheet had already been filed and the matter was presently at the stage of consideration of the charge. Holding that the absence was “neither deliberate nor intentional”, the court recalled the arrest warrants issued on May 5, 2025. However, it imposed a fine of Rs 10,000 for violation of the conditions of the earlier bail bond and directed Khan to furnish a fresh personal bond of Rs 50,000 to ensure his regular appearance. The court said that failure to comply would result in automatic revival of the warrants. In a separate case arising out of FIR No. 107/2009 registered at Rajbagh police station under Section 17 of the Unlawful Activities (Prevention) Act, the court also recalled proceedings initiated against Khan under Section 512 of the Criminal Procedure Code. The court noted that proceedings and general non-bailable warrants had earlier been issued due to Khan’s continuous absence. However, it accepted the submission that during the relevant period, Khan was in lawful custody in another case and was not wilfully evading the process of law. Recalling the November 21, 2023, order along with the non-bailable warrants, the court imposed a fine of Rs 10,000 for breach of bail conditions, directing that the amount be deposited in the government treasury within one week. The court further directed Khan to furnish a fresh personal bond of Rs 20,000 along with a surety of the same amount, and to remain present on every date of hearing. He was also restrained from misusing the liberty of bail or attempting to influence prosecution witnesses. The court disposed of both applications accordingly and forwarded the copies of the orders to the concerned jail authorities for information and compliance.  

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