Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.302---Anti-Terrorism Act (XXVII of 1997), S.21-H---Qatl-i-amd---Bail, grant of---Accused, neither was nominated in the FIR, nor any other evidence worth reliance was available on record to establish a prima facie case against him, except a statement under S.21-H of Anti-Terrorism Act, 1997, and his absconcion---Contention of prosecution that since trial of the case of accused had commenced, concession of bail should not be extended to accused, was repelled---Where trial of the case was in progress and accused was found entitled for the grant of bail, he could not be denied such concession on the pretext of practice, as right would prevail over the practice---Detention of accused in jail over a period of three years, without any substantial progress in trial, would militate against the spirit of law, and would show lethargic and unwarranted attitude of the court---Case of under trial prisoner, would be taken up on day to day basis---Bail was allowed to accused, in circumstances. THIS JUDGMENT DELIVERED BY: MALIK HAQ NAWAZ, JUSTICE:---.--- The petitioner was booked for above offences vide FIR No.41/2012 of Police Station Basin, Gilgit. 2. The precise story of the occurrence is that on the fateful day i.e. 01-07-2012 one Imran Hussain lodged FIR at Police Station Basin, Gilgit regarding murder of one Safder Hussain son of Muhammad Hussain and sustaining injuries by him and one Shoaib by some unknown assailants who decamped from the place of occurrence in a car. 3. The local police carried out investigation and booked the present petitioner for the above offences and committed him to judicial lock up, where he is facing trial. 4. The petitioner applied for bail in the trial Court, which was refused vide order dated 29-06-2015, hence this petition. 5. The learned counsel for the petitioner submitted at the very outset, that there is no worth reliance evidence against the accused except conditional confessional statement recorded by SSP Gilgit under section 21-H and absconcion, which was not deliberate. The learned counsel stated that no conviction could last on such types of sketchy…

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