| Citation(s) |
|---|
| 2016 SLG 2626 2016 SLD 2626 2016 MLD 2090 |
MUHAMMAD ALAM, JUSTICE
Deputy Advocate General for the State. Aurangzeb Khan for
Respondent.
THE STATE
VS
. SALAHUDDIN-
Law:
Section:
Criminal Procedure Code (V of 1898)--------- ----------S. 497(5)---------Penal Code (XLV of 1860), Ss.324, 337-A, 337-F(v), 353, 147 & 148---------Pakistan Arms Ordinance (XX of 1965), S.13---------Attempt to commit qatl-i-amd, causing Shajjah, hashimah, assault or criminal force to deter public servant from discharging of his duty, rioting, possessing unlicensed arms---------Bail, cancellation of---------Documents, though showed that accused was a minor, but, when he was examined in the court, he was found quite a mature person---------Person who lodged FIR was a Magistrate and present on the scene of occurrence---------Such information could not be disputed---------Accused was directly charged for the offences--------- Trial Court had granted bail to accused in spite of holding that accused was not entitled to leniency---------Grant of bail to accused by the Trial Court was wrong, as there was sufficient prima facie evidence, showing direct involvement of accused in commission of offence---------Court was supposed to see, whether prima facie, evidence existed or not connecting accused with the occurrence---------Bail granted to accused by the Trial Court was cancelled, in circumstances. THIS ORDER PASSED BY: MUHAMMAD ALAM, JUSTICE:--------- This is a petition for cancellation of bail facility, granted to respondent, through order dated 05-12-2015, of the learned Sessions Judge Astore. 2. The circumstances of the case described in FIR No.28/2015 of Police Station Astore are that, the FIR lodger, who is a magistrate, went to the scene of occurrence on reports of unlawful assembly and riots by the respondent/accused party and opposite party of the respondent. Both the parties mentioned in the FIR blocked a path and were quarrelling for the same. The FIR lodger, accompanied by police, attempted to separate the rioting parties, and in the meantime, respondent injured a policeman and also opened fires on Mr. Shahid Aman of the opposite party of the respondent. Respondent moved a bail petition before the trial court, who granted the same through order dated 05-12-2015 on Cr. Misc. No.21/2015. Police concerned has chalked FIR No.29/2015 also, whereby, alleged…
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