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Synopsis

The Delhi High Court on Tuesday refused to entertain a plea moved by Zahoor Ahmad Shah Watali challenging the lower court's order wherein bail had been denied to him in a terror funding case last year. Watali had sought bail on the basis of the COVID-19 outbreak and his health condition.

A bench of Justice Mukta Gupta and Justice Anish Dayal refused to grant bail after they were informed that now Watali's condition is stable, and he is being regularly treated and given medicines.

The Court stated that till further orders Watali shall be placed under house arrest at his residence in Gurugram, from where he would be permitted to travel to medical facilities or diagnostic facilities to undergo any required testing.

"Subsequent to the conditions mentioned in order dated January 31, 2022, and the fact that the appellant was in custody in his own home, the appeal challenging the order dated May 15, 2021, declining bail to appellant is rendered infructuous and is dismissed accordingly," the bench held.

The order has been passed in a plea filed by Watali challenging the Trial Court's order refusing to grant bail stating that the bail could not be allowed on the ground of the spread of COVID-19. However, the lower court had allowed him to be kept under house arrest.

Watali has been charged with the allegation of transferring money to Hurriyat leaders that he received from individuals including Hafiz Saeed, the head of the Lashkar-e-Taiba, the Pakistan High Commission in New Delhi, and Pakistan's Inter-Services Intelligence.

Case Title: ZAHOOR AHMAD SHAH WATALI VS. NATIONAL INVESTIGATION AGENCY