Law: Criminal Procedure Code (V of 1898)

Section: 497,497(1)

Criminal Procedure Code (V of 1898)--- ----S. 497---Propagating, publishing religious/sectarian hatred among youth, provoking terrorist attacks and militancy, recovery of books containing contemptuous, sacrilegious material---Bail, grant of---Heinousness or seriousness of an offence meant little unless same (allegation) was backed by cogent and believable evidence which lacked in the present case---'Rebellious conduct' of accused had been highlighted in F.I.R. by using different adjectives without hinting at any incriminating circumstance against him---No evidence existed to show that accused possessed books in question to stir up religious, sectarian or ethnic differences---Contents of books recovered from accused were blown out of proposition---Books in question contained no mutinous material---Accused wrote books in accord with his understanding of Islam seeking guidance from the Holy Quran---Whether possession of said books constituted alleged offence would be determined at trial---Allegations against accused were not backed by connecting evidence---Offences did not fall under the prohibitory clause of S.497(1), Cr.P.C.---Accused had been behind bars for last one month and was no more required for the purpose of recovery---Bail application was accepted. ORDER SHAHID HAMEED DAR, J.---The story of F.I.R. as narrated by Sabir Hussain S.I. (complainant) is that he received a spy information that Dr. Muhammad Aslam (petitioner) who had set-up a Hepatitis Research Center/Clinic at Qadir Colony Bhimber road Gujrat, propagated religious/sectarian hatred amongst the youth, considered militant-attacks on Pak-Army justified, held the army apostate, published and disseminated his detestable thoughts amongst the public-at-large and that he possessed incendiary literature, whereon he constituted a raiding party and raided his clinic at 11:35 a.m. on 16-5-2014; he (petitioner) was present there and he had before him a number of books and journals, including one of his own, placed on a table which contained contemptuous, sacrilegious and infuriating material against the Pakistan Armed Forces, besides highly provocative, inflammatory and stirring stuff, inducing the youth…

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