| Citation(s) |
|---|
| 2016 SLG 3784 2016 SLD 3784 2016 YLR 1340 |
Criminal Misc. (B) No. 52 of 2015, decided on 24th June, 2015. Date of hearing: 24th June, 2015.
MUHAMMAD ALAM AND WAZIR SHAKEEL AHMED, JUSTICE
Burhan Wali for Petitioner. Deputy Advocate General for the State.
MULANA MAQBOOL MIR -
VS
. THE STATE--Respondent
Law:
Section:
Criminal Procedure Code (V of 1898)----- -----S. 497-----Anti-Terrorism Act (XXVII of 1997), Ss.9, 11-F & 11-W-----Acts intended or likely to stir up sectarian hatred, membership, support and meetings relating to a proscribed organization, printing, publishing, or disseminating any material to incite hatred, or giving projection to any person convicted for a terrorist act-----Bail, grant of-----Offences under S.11-F of Anti-Terrorism Act, 1997, were bailable----- Offences of Ss.11-W & 9 of said Act did not fall within the prohibitory clause of S.497, Cr.P.C.-----Grant of bail in case of offences, that did not fall within prohibitory clause of S.497, Cr.P.C., was a rule, while refusal thereof was an exception-----Circumstances of the present case could not be given treatment of an exception-----Accused, was admitted to bail, in circumstances. THIS JUDGMENT DELIVERED BY: MUHAMMAD ALAM, JUSTICE:----------- Petitioner, who is involved for the offences of sections 11-W, 11-F, 9 and 8-A of Anti-Terrorism Act, 1997, hereunder referred as ATA, booked through FIR No.30/2015, of Police Station City Gilgit, seeks his release on bail through this petition. Previously, petitioner moved similar petition before the trial court, who; through his order dated 6-5-2015, on Cr. M. No.19/2015, refused the bail facility to the petitioner. 2. We have noted that the counsel for petitioner has wrongly written section 8-A of ATA as an offence in his petition before the learned trial court as well as in the petition in hand. But we have gone through the Act of ATA which does not contain any section with the name of 8-A, as any offence. Section 8 is a section which defines a number of offences and then section 9 provides punishment for the offences described in section 8. So, hereunder, offences mean the offences of sections 9, 11-A and 11-F of ATA. 3. The police of Police Station City Gilgit chalked FIR No.30/2015 in the light of a press release, allegedly issued by the petitioner. In the opinion of police, the wording of the press release is an attempt to…
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