Law:

Section:

Keywords: Satisfaction, Life Imprisonment, Prima Facie, Prima Facie Evidence, Imprisonment, Investigation, Concession Of Bail, Trial Court, Consideration, Wrongful Confinement Mohammad Azam Khan, C.J.€“ The appellant, Abdul Qayoom, along with others is being tried in the offences under sections 302, 342, 147, 148, 149, 201, 202 and 34, APC, by the District Criminal Court, Haveli Kahuta. During the trial, the appellant and Muhammad Shabir filed an application for release on bail on 16th September, 2015, on the ground of the statutory delay of two years. The trial Court dismissed the application. Dissatisfied, the appellant and Muhammad Shabir filed a revision petition in the Azad Jammu & Kashmir Shariat Court. A learned single Judge in the Shariat Court through judgment dated 15th December, 2015, accepted the revision petition to the extent of accused, Muhammad Shabir, while dismissed the same to the extent of appellant, herein, on the ground that he is a dangerous, desperate and hardened criminal, hence this appeal. 2. Kh. Muhammad Nasim, Advocate, counsel for the accused-appellant submitted that the occurrence took place on 28th September, 2013. The challan was submitted on 28th November, 2013. The appellant was arrested on 9th September, 2013. There are 33 witnesses in the case and the statements of only 7 witnesses have been recorded so far. There is no delay on the part of the accused-appellant. The trial has not been concluded within the period of two years. There is no evidence against the accused-appellant. The Shariat Court has declared the accused-appellant as hardened, desperate and dangerous criminal without any record. The judgment of the Shariat Court is not maintainable. He relied upon the case titled Irfan & another vs. State through Advocate-General and another (Criminal Appeal No.7 of 2013, decided on 24.09.2013. 3. Ch. Shoukat Aziz, Additional Advocate General, submitted that the witness, Muhammad Farooq has implicated the accused in the crime. The hatchet was recovered from the accused-appellant, therefore, he is not entitled for concession of bail. The judgment of the Shariat Court is perfectly legal. 4. We have heard the learned…

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