Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 324, 353, 148 & 149---Explosive Substances Act (VI of 1908), Ss. 3, 4 & 5---Anti-Terrorism Act (XXVII of 1997), Ss. 7 & 21-D(4)---Arms Act (XX of 1965), S. 15---Attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, rioting armed with deadly weapon, unlawful assembly, terrorism, possession of explosive substances, arms and ammunition---Bail, grant of---Further inquiry---No incriminating material existed to connect the accused persons with the alleged offence except supplementary statement of a witness under S. 161, Cr.P.C.; wherein he stated that accused persons and co-accused persons were fast friends and there was a general rumor that his son and other companions were involved in terrorist activities and his son left the motorcycle on the spot---Mobile data did not disclose accused persons' contact with terrorists at the time of occurrence---Section 21-D(4) of Anti-Terrorism Act, 1997 was not applicable in circumstances---Challan against accused persons was not submitted despite their arrest for seven months---Case of accused persons fell within the ambit of further inquiry as sufficient incriminating material was not available to connect the accused with commission of alleged offence---Bail was granted accordingly. Muhammad Sadique v. State PLD 1985 SC 182; Falak Shah v. The State 1979 SCMR 103 and Najeeb Gul v. Khalid Khan 1989 SCMR 899 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Further inquiry---Scope---Where there was no prima facie case against the accused and evidence on record was vague and sketchy, matter could be held to be that of further inquiry. Muhammad Sadique v. State PLD 1985 SC 182 rel. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Further inquiry---Scope---Bail could be granted by invoking S. 497(2), Cr.P.C. and concept of further inquiry could be pressed into service where prosecution version left much to be inquired. Falak Shah v. The State 1979 SCMR 103 and Najeeb Gul v. Khalid Khan 1989 SCMR 899 rel. THIS JUDGMENT DELIVERED BY: SHAKEEL AHMAD,…

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