Case Details

Citation(s)
2016 SLG 1496 2016 SLD 1496 2016 PLJ 156
High Court (AJ&K)
Crl. Rev. Petition No. 21 of 2016, decided on 26.2.2016. Date of hearing: 26.2.2016.
M. TABASSUM AFTAB ALVI, J.
Mr. Abdul Hameed Khan Shahid, Advocate for Petitioners. Ch. Tariq Alam, Asstt. A.G. for State. Sardar Karamdad Khan, Advocate for Complainant.

SHAFAQAT HUSSAIN and anothers

VS

STATE through Advocate General AJ&K, MuzaffarabaD---Respondent

Law:

Section:

Bail-- ----Scope of--Appreciation of evidence--It is, now, well settled principle of law governing bail matters that at bail stage a bird eye view of record has to be taken into consideration and deeper appreciation of evidence is neither permissible nor desirable, but at same time Courts are not expected to pass a bail order in vacuum. Bail-- ----Scope of--Not nominated in FIR--Further inquiry is required to prove guilt--It is well settled principle of criminal jurisprudence that in case of non mentioning names of accused in F.I.R., Courts may extend concession of bail to such like accused. Bail-- ----Scope of--Rule of consistency--Co-accused who was nominated in FIR was granted bail--Matter as yet to be evaluated after recording evidence--When a nominated accused was granted bail, rule of consistency demands that accused may also be extended concession of bail. Bail-- ----Scope of--Non-bailable offence--Punishment--In non-bailable offences, it is not an absolute rule that bail cannot be granted to an accused and if from tentative assessment of record sufficient grounds for further inquiry into his guilt appear then Court may extend concession of bail to an accused--Accused were not nominated in F.I.R. challan had been submitted before competent Court of jurisdiction and they were no more required for further investigation--Therefore, it is celebrated principle of law governing bail matters that bail cannot be withheld as punishment, if otherwise accused is entitled for same and nobody should remain in criminal prison for indefinite period. ORDER The supra titled revision petition has been directed against the impugned order dated 27th January, 2016, passed by Anti-Terrorism Court, Muzaffarabad, through which bail application of accused -petitioners was turned down. 2. The precise facts forming background of the instant revision petition are that complainant, Syed Charagh Hussain Shah, IHC Chowki Police Kumikote, sent an epistle to S.H.O. Police Station Garhi-Dopatta, stating therein that he alongwith Javaid Ahmad, Mumtaz Abbasi and Abdul Waheed, Constables, was searching accused-persons in village Jhandgaran -Saleh-Galli pertaining to F.I.R. No. 105/2015,…
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