| Citation(s) |
|---|
| 2017 SLG 2469 2017 SLD 2469 2017 YLR 1852 |
Supreme Court (AJ&K)
Criminal Appeals Nos. 13, 33 and 40 of 2013, decision Dated: 27-2-2015. Hearing Date : 25-2-2015.
RAJA SAEED AKRAM KHAN, JUSTICE
Raja Khalid Mehmood Khan, Advocate for Appellant (in Criminal Appeals Nos.13, 33 and 40 of 2013). Mehmood Hussain Chaudhary, Additional Advocate-General for the State (in Criminal Appeals Nos.13, 33 and 40 of 2013). Bostan Chaudhary, Advocate and Raja I
Criminal Appeals Nos. 13, 33 and 40 of 2013, decision Dated: 27-2-2015. Hearing Date : 25-2-2015.
RAJA SAEED AKRAM KHAN, JUSTICE
Raja Khalid Mehmood Khan, Advocate for Appellant (in Criminal Appeals Nos.13, 33 and 40 of 2013). Mehmood Hussain Chaudhary, Additional Advocate-General for the State (in Criminal Appeals Nos.13, 33 and 40 of 2013). Bostan Chaudhary, Advocate and Raja I
CRIMINAL APPEAL NO. 13 OF 2013 AKBAR ALI
VS
MUNIR AHMED AND 3 OTHERS CRIMINAL APPEAL NO. 33 OF 2013 AKBAR ALI VS MOBEEN LIAQUAT AND 3 OTHERS CRIMINAL APPEAL NO. 40 OF 2013 AKBAR ALI VS TABASSUM YOUNIS AND ANOTHER
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss.302, 34, 147, 148 & 149---Arms Ordinance (XX of 1965), S.13---Qatl-i-amd, common intention, rioting, rioting with deadly weapon, common object---Bail, cancellation of---Case was of circumstantial evidence and no direct evidence was available---Case was mainly based upon the disclosure made by accused persons before the Police---No sufficient material was available to connect accused persons with the alleged offence---Only a bird eye view of evidence had to be made at bail stage and deeper appreciation was not possible---Co-accused were released on bail---When the bail was granted to an accused by the court of competent jurisdiction, very strong reasons were required to cancel the same---Grounds for grant of bail, were altogether different as compared to cancellation of bail---Discretionary powers exercised for grant of bail by the Trial Court and the Shariat Court were normally not interfered with by the Supreme Court; especially when the discretion exercised by the Trial Court and Shariat Court for release of accused persons on bail was perfectly legal and in accordance with law and rules governing the grant/refusal of bail---No force was found in the appeals filed against concurrent s of the Trial Court and Shariat Court---Supreme Court declined interference. Muhammad Asghar v. Arshad Anwar and another 2010 SCR 491; Waqar Aslam v. Zargham Haider Shah and another 2012 YLR 1880; Nazir Ahmed and 3 others v. Ghulam Hussain and another 2014 SCR 409; Zaffar Mehmood v. Muzaffar and another 2014 PCr.LJ 1512 and WAPDA and another v. Shahid Mehmood and 2 others 2014 SCR 579 ref. THIS JUDGMENT DELIVERED BY: MOHAMMAD AZAM KHAN, C.JUSTICE:---.--- A case in the offences under sections 302, 34, 147, 148, 149, A.P.C. read with section 13 of the Arms Act, 1965 was registered at Police Station Afzalpur on a report made by the complainant/appellant, Akbar Ali. He reported that, he is resident of Bahrwal, Tehsil Kharian, District Gujrat. His brother-in-law Ghulam Subhani, is resident of Samahni, District Bhimber. He had relations with Mst. Shamaila Ghazanfar daughter of Ghazanfar Ali,…
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