Case Details

Citation(s)
2016 SLG 1498 2016 SLD 1498 2016 PLJ 162
High Court (AJ&K)
Rev. P. No. 196 of 2015, decided on 18.2.2016. Date of hearing: 18.2.2016.
MUHAMMAD SHERAZ KIANI, J.
Mr. Mujahid Hussain Naqvi, Advocate in Person. Ch. Muhammad Mumtaz, Advocate for
Respondents.

MUJAHID HUSSAIN NAQVI, SENIOR ADVOCATE SUPREME COURT, MUZAFFARABAD A.K.

VS

ANSAR MEHMOOD AWAN AND 2 others--RespondentS

Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 161 & 497(5)--Cancellation of bail--Tentative assessment--Appreciation stage of bail--Criminal force threatened--It is by now well settled principle of law that at bail stage only tentative assessment of record, statements of witnesses recorded under Section 161, Cr.P.C. alongwith other material and defence plea, if any, raised by accused have to be considered--Deeper appreciation of evidence is not permissible at stage of bail, however, order cannot be passed in vacuum--A tentative assessment of record and evidence of PWs recorded under Section 161 of Cr.P.C. and even from video images allegedly recorded to cover occurrence, there appears a conflicting and contradictory situation, however, at stage deeper appreciation is not required by law--Prima facie case of accused requires further inquiry--It is by now settled principle of law that once a bail is granted by a Court of competent jurisdiction very strong and exceptional grounds are required to cancel same. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Reasonable grounds--Not guilty of offence--Further inquiry--Accused was not guilty of offence and there was sufficient grounds warranting further probe then pre-arrest bail can be granted meaning thereby if from tentative assessment of evidence collected by police there was slightest doubt or question of further inquiry arises then there was no bar to Court to grant a pre-arrest bail. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 161--Statement of witnesses--Video images--Allegation against accused of being armed with pistol--Prima facie--Possibility of false implication particularly to extent of allegation of theft and show of arm cannot be ruled out. ORDER The captioned revision petition has been directed against the order of Additional Sessions Judge Muzaffarabad dated 05.08.2015, whereby the pre-arrest bail of the accused-respondents was confirmed. 2. Shortly stated facts forming the background of the instant revision petition are that on the application of the complainant/ petitioner an FIR was registered at City police station Muzaffarabad on 23.06.2015 stating therein that on…
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