Law:

Section:

Penal Code (XLV of 1860)-------Ss. 302/324/353/120/120-A/186/427/395/148/149/109---Anti-Terrorism Act (XXVII of 1997), S.7---Explosive Substances Act (VI of 1908), Ss. 3/4---West Pakistan Arms Ordinance (XX of 1965), S.13-B---Constitution of Pakistan, Art. 185(3)---Qatl-e-amd, attempt to qatl-e-amd, assault on public servant, criminal conspiracy, obstructing public servant, mischief, dacoity, rioting and abetment---Bail, grant of---Case of further inquiry---Challan, filing of---Incriminating evidence---At the time of occurrence, the accused was lodged at high security prison and he had spent last about 13 years in such prison, without even coming out of the same---Allegation against accused was that he had conspired with co-accused from inside the prison for the purposes of commission of the offences alleged in F.I.R.---Plea raised by authorities was that accused was a known terrorist who had been involved in many heinous offences---Validity---Authorities failed to point out any legally admissible piece of evidence supporting the allegation against accused---Investigation of the case had been completed and challan was submitted, thus physical custody of accused was no longer required for the purposes of investigation---Supreme Court observed that court could not brutalize justice in the name of terrorism, as no legally admissible evidence against accused was available on record and shown by authorities to the court---Bail was allowed. Qazi Misbah-ul-Hassan, Advocate Supreme Court for Petitioner. Asjad Javaid Ghural, Additional Prosecutor-General, Punjab with Nabi Bukhsh, Inspector ATS/CIA for the State. Nemo for Respondent No. 2. Date of hearing: 11th July, 2011. JUDGMENT ASIF SAEED KHAN. KHOSA, J.---Through this petition Malik Muhammad Ishaq petitioner has sought leave to appeal against the order dated 11-5-2011 passed by a learned Division Bench of the Lahore High Court, Lahore in Criminal Miscellaneous No. 2342-B of 2011 whereby post-arrest bail was refused to the petitioner in case F.I.R. No.252 registered at Police Station Gulberg, Lahore on 3-3-2009 in respect of offences under sections 302/324/353/120-A/186/427 / 395 / 148 / 149/109, P.P.C., sections 3/4…

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