JAMMU: In an appeal filed by National Investigation Agency (NIA) challenging order of NIA Court whereby Court had granted bail to PDP leader Waheed Ahmed Parra, a Division Bench of J&K High Court comprising Justice Ali Mohammad Magrey and Justice Puneet Gupta after hearing Additional Solicitor General of India, Vishal Sharma appearing for National Investigation Agency, issued notice to respondent and further directed that grant of bail by trial court is subject matter of this appeal or pendency of appeal shall not form any impediment for investigating agency to complete the investigation.
During the course of hearing, ASGI Vishal Sharma submitted before the Court that Trial Court has appreciated the evidence which is not the scope of grant of bail while the matter is still under investigation and further submitted that mere perusal of impugned order shows as if Special Judge is deciding matter on charge/discharge of final charge-sheet ignoring fact that case is still under investigation. He further submitted that Special Judge has failed to appreciate that case against respondent/accused is still under investigation and the allegation/evidence is prima facie sufficient to suggest complicity of the accused under UA [P] Act, 1967 and investigating agency is still in process of collecting evidence against the respondent/ accused relying upon a number of leads which surfaced during the course of further investigation.