| Citation(s) |
|---|
| 2014 SLG 710 2014 SLD 710 2014 YLR 1500 |
Supreme Court (AJ&K)
Criminal Appeal No. 3 of 2011, decided on 27-03-2012. Date of hearing: 21-03-2012. (On appeal from the judgment of the Shariat Court Dated 12-11-2010 in Criminal Miscellaneous No. 281 of 2010)
CH. MUHAMMAD IBRAHIM ZIA, JUSTICE
Mr. Muhammad Akram Mughal and Muhammad Azeem Dutt, Advocates for Appellants. Mr. Muzaffar Ali Zaffar, Additional Advocate-General for the State.
Criminal Appeal No. 3 of 2011, decided on 27-03-2012. Date of hearing: 21-03-2012. (On appeal from the judgment of the Shariat Court Dated 12-11-2010 in Criminal Miscellaneous No. 281 of 2010)
CH. MUHAMMAD IBRAHIM ZIA, JUSTICE
Mr. Muhammad Akram Mughal and Muhammad Azeem Dutt, Advocates for Appellants. Mr. Muzaffar Ali Zaffar, Additional Advocate-General for the State.
KAMRAN SHEHZAD
VS
SIKANDER LATIF AND ANOTHER
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.285, 286, 287 & 302---Negligent conduct with respect to fire or combustible matter; with respect to explosive substance and with respect to machinery, qatl-e-amd---Bail, grant of---Principles---Any person, accused of a non-bailable offence, when brought before the court and if there appeared reasonable grounds for believing that he had been charged with the offences punishable with death, imprisonment for life or imprisonment for 10 years, he would not be released on bail---If, however, it appeared at any stage of inquiry or trial that there were no reasonable ground believing that accused had committed non-bailable offence; and there were sufficient grounds for further inquiry into guilt of accused, he would pending such inquiry, be released on bail---In the present case, prima facie the offences under Ss.285, 286 & 287, P.P.C. were attracted---Offence falling under all said three sections were bailable---Prima facie no case appeared to have been committed under S.302, P.P.C.---Accused, in circumstances was entitled to the concession of bail, and he had rightly been extended the concession of bail---Judgment of Shariat Court was based on sound and judicious reasoning and was in line with the principles governing the bail matters. THIS JUDGMENT DELIVERED BY: MUHAMMAD AZAM KHAN, C.J.--- Through the instant appeal, the judgment of the Shariat Court dated 12th November, 2010 has been challenged, whereby accused-respondent has been released on bail. 2. A case under sections 285, 286, 287, A.P.C., was registered at Police Station City Mirpur on 14th October, 2010, on the report of Mazhar-ul-Haq, A.S.-I., alleging therein that during the patrol duty at 10 a.m. in Sector F-2, near City Hospital, he heard a sound of blast. On visiting the spot, he was informed that Muhammad Usman Ali, his father Maqsood Hussain were busy in gas refilling in cylinders in the shop when a blast occurred. Muhammad Usman Ali and Shahban were burnt in the incident. The walls of the shop also collapsed. The refilling of the cylinders was being done under the supervision of Muhammad Zaheer, son of…
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