Law:

Section:

Criminal Procedure Code (V of 1898)----- -----S. 497(2)-----Penal Code (XLV of 1860), Ss.436, 337-H(2), 427, 147, 148, 149 & 452-----Azad Jammu and Kashmir Offences Against Property (Enforcement of Hudood) Ordinance, 1979, S.14-----Azad Jammu and Kashmir Anti-Terrorism Act, 2014, S.6-D-----Mischief by fire etc., hurt by rash or negligent act, mischief causing damiah, rioting, common object, house-trespass, act of terrorism-----Bail, grant of-----Further inquiry-----Bird eye view of the record, had to be taken into consideration at bail stage and deeper appreciation of evidence, was neither permissible nor desirable-----Courts were not expected to pass a bail order in vacuum-----Accused in the present case, were not nominated in the FIR, which created doubt in the prosecution story to the extent of accused persons; and further inquiry was required to prove their guilt-----In case of non-mentioning the names of accused in the FIR court could extend concession of bail to such like accused-----Co-accused who was nominated in the FIR was granted bail by the Trial Court-----Rule of consistency demanded that accused persons, could also be extended concession of bail-----Matter, was yet to be evaluated by the Trial Court after recording evidence-----Police record did not show that accused persons were hardened, desperate, dangerous criminals; and were connected with the alleged offences-----Challan had been submitted before the competent court of jurisdiction; and they were no more required for further investigation-----Bail could not be withheld as punishment, if otherwise accused was entitled for the same; and no body should remain in criminal prison for indefinite period-----Accused were granted bail, in circumstances. Farrukh v. The State and another 2007 SCR 79; Muhammad Riaz v. Muhammad Sabir and 12 others 2011 SCR 126; Raja Muhammad Farid Khan v. Raja Sheraz and 2 others 2015 SCR 465; Imam Bux alias Amoo and another v. State PLD 2012 Sindh 212; Azizullah Niazi v. The State 2012 YLR (Sindh) 1071; Liaquat Hussain v. The State and another 2015 SCR 441 and Muhammad Arif v. Babar and another 2015 PCr.LJ 134 ref. THIS ORDER PASSED BY: M. TABASSUM AFTAB ALVI,…

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