Law:

Section:

Criminal Procedure Code (V of 1898) --------- ----------S. 497(2) --------- Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S.15 --------- Penal Code (XLV of 1860), Ss.170, 171 & 120-B --------- Anti-Terrorism Act (XXVII of 1997), S.7 --------- Possessing unlicensed arms, personating a public servant, wearing garb or carrying token used by public servant with fraudulent intent, criminal conspiracy, act of terrorism --------- Bail, grant of --------- Further inquiry --------- Nothing was on the record to show previous record of involvement of accused persons in terrorist activities, or their association with the terrorist group --------- Army uniform, was also recovered from the house of co-accused, while no such recovery was made from accused persons --------- Nothing was on available record to show involvement of accused persons in the conspiracy to commit acts of terrorism --------- In such a situation, at the most, accused could be saddled with the charge of having in their possession, unlicensed arms and ammunition under S.15 of Khyber Pakhtunkhwa Arms Act, 2013, prescribing maximum punishment of imprisonment for 7 years or with fine or with both --------- Case fell outside the scope of prohibitory clause contained in S.497, Cr.P.C. --------- Where there was alternative provision of imposition of fine, bail should be granted as of right --------- When rest of sections of law were, prima facie, not attracted to the case of accused persons, their case appeared arguable for the purpose of bail, as their nexus with conspiracy for commission of terrorist acts would, indeed, be subject to further inquiry --------- Investigation in the case, was completed and accused were no more required by the Police for the purpose of investigation --------- Accused, were admitted to bail, in circumstances. THIS ORDER PASSED BY: QALANDAR ALI KHAN, JUSTICE:---------- Accused/petitioners, Muhammad Dan Gul and Wajid Gul, have been arrested in case FIR No. 949 dated 01.11.2014 under section 15 A.A KPK/170/171/120-B, P.P.C. read with Section 7 ATA, Police Station, City, Hangu, and are seeking post-arrest bail after they were refused bail by the learned trial court/Anti-Terrorism…

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