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Srinagar : In a significant development in an NDPS case, the High Court of Jammu & Kashmir and Ladakh at Srinagar has modified the bail conditions imposed on Mahmood Malood, a Bangladeshi national, in CRM(M) No. 602/2026.
The matter was argued before the High Court by Advocate Umar Mushtaq, along with Advocate Saleem Gul, who challenged the onerous bail conditions imposed by the Trial Court.
The petitioner had already been granted bail by the Trial Court; however, the conditions required him to furnish two sureties as well as deposit ₹1 lakh as cash security. The defence counsel submitted that the simultaneous imposition of both conditions had made the benefit of bail unduly burdensome.
Justice Sanjay Parihar observed that bail conditions must be reasonable, proportionate and connected with the purpose of securing the accused’s presence during trial, and should not be so onerous as to frustrate the very benefit of bail.
Accepting the submissions advanced by the defence, the High Court deleted the condition requiring the deposit of ₹1 lakh cash security.
The Court directed that the petitioner be released upon furnishing two local sureties of ₹1 lakh each and a personal bond of ₹1 lakh, to the satisfaction of the Trial Court.
The legal arguments advanced by Advocate Umar Mushtaq played an important role in highlighting the disproportionate nature of the additional cash-security requirement and seeking appropriate modification of the bail conditions.
The High Court further directed that all other conditions imposed by the Trial Court, insofar as they are not inconsistent with the present order, shall remain in force.(Buland Awaaz News)
