| Citation(s) |
|---|
| 2016 SLG 3059 2016 SLD 3059 2016 MLD 665 |
Shariat Court (AJ&K)
Criminal Revision No. 112 of 2015, decided on 4th December, 2015.
SARDAR ABDUL HAMEED KHAN, JUSTICE
Abdul Razzaq Choudhary for Petitioner. Mohammad Younas Tahir for
Respondents Nos. 2 and 3. A.A.G. for the State.
Criminal Revision No. 112 of 2015, decided on 4th December, 2015.
SARDAR ABDUL HAMEED KHAN, JUSTICE
Abdul Razzaq Choudhary for Petitioner. Mohammad Younas Tahir for
Respondents Nos. 2 and 3. A.A.G. for the State.
AQEEL TARIQ - er
VS
IRFAN SULTAN and 3 OTHERS --Respondent
Law:
Section:
Criminal Procedure Code (V of 1898) --------- ----------S. 498 --------- Penal Code (XLV of 1860), Ss.448, 337-A & 337-F --------- House-trespass, causing injuries --------- Grant of pre-arrest bail --------- Re-calling of order --------- Scope --------- Challan of the case had been submitted before the court of competent jurisdiction; and the case was at the verge of evidence --------- Bail, once extended to an accused, could only be recalled for certain inevitable reasons; and same could not be done in routine --------- Order granting bail, could not be interfered with, in circumstances. 2015 SCR 588; 1994 SCR 912; PLD 1986 SC (AJ&K) 16 and 1998 SCMR 496 distinguished. 1996 PCr.LJ 569; 1996 SCR 3; 2014 SCR 579; 2010 SCR 491 and 2015 SCR 465 ref. THIS THIS ORDER PASSED BY: DELIVERED BY: SARDAR ABDUL HAMEED KHAN, JUSTICE:---------- The instant revision petition has been filed against the order passed by District Court of Criminal Jurisdiction Bhimber dated 20.06.2015, whereby, pre-arrest bail application of the accused/respondents was confirmed. Brief facts forming background of the instant revision petition are that the petitioner filed a written report at police Station Choki alleging therein that when he reached at home, Muhammad Irfan, was present at his house and seeing him Muhammad Irfan thrown a stone at him which hit him. He also falling him down, in the meantime, Ubaid, Adnan, Imran sons of Ghulam Hussain caste Mughal also came on the spot who armed with sticks and having common intention hit the complainant. Ubaid hit him with stick at his head and caused injury. The occurrence was witnessed by his family. The motive behind the occurrence was that the uncle of complainant had divorced the sister of Ubaid and others, namely Sagheeran Bibi. On this report, a case under sections 448/337-A1 to 6, 337-Fl to 6, 34, APC was registered at police Station Choki against accused/ respondents. After registration of the case, the accused/respondents moved a pre-arrest bail application before District Court of Criminal Jurisdiction Bhimber on 04.06.2015 which was allowed and confirmed through impugned order dated 20.06.205. Hence, this revision petition. Mr.…
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