Case Details

Citation(s)
2019 SLG 1752 2019 SLD 1752 2019 PCRLJ 1310

Criminal Miscellaneous No. 30 of 2019, decision & hearing Dated: 04-02-2019.
MALIK HAQ NAWAZ, JUSTICE
Petitioner(s) by: Burhan Wali
Respondent(s) by: Dy. Advocate-General

SHER KHAN AND 2 OTHERS

VS

THE STATE

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 34,427,436,457

Law: Anti Terrorism Act, 1997

Section: 6,7,11,21

Criminal Procedure Code (V of 1898)--- ----S. 497---Anti-Terrorism Act (XXVII of 1997), Ss. 6 & 7---Penal Code (XLV of 1860), Ss. 427, 457 & 34---Act of terrorism, mischief causing damage to the amount of fifty rupees, lurking house trespass or house-breaking by night in order to commit an offence punishable with imprisonment, common intention---Bail, refusal of---Crime against society---Girls Primary School was burnt into ashes by unidentified accused persons---Petitioners (three in number) were neither nominated in the FIR nor any incriminating material evidence was available on record---Record revealed that petitioners were hardened criminals and their acts of burning the school had maligned the country at international level---Offence committed by the petitioners was an offence against the society---Chief Court observed that such type of hardened and desperate criminals could not and should not be let loose on the society---Bail was refused to the petitioners, in circumstances. THIS ORDER PASSED BY: MALIK HAQ NAWAZ, J.--- The petitioners have been booked for the offences under sections 457, 436, 34, P.P.C. read with section 6/7, A.T.A., 1997 vide FIR No. 33/2018 dated 03.08.2018 registered at Police Station Tangir. 2. The brief facts of the case have been narrated in the para 2 of the impugned judgment dated 24-12-2018, which is re-produced as under:- "Briefly stated the prosecution story is that SIP Shah Sarwar, SHO Police Station Tangir, District Diamer has registered FIR No.33/2018 on 03-08-2018 on the application submitted by complainant Abdul Basheer wherein it has been stated that, "I am resident of Juglote Tangir and Supervisor of 16 primary schools established in Tangir under Action Program (SAP). Today on 03-08-2018, Mr. Abdul Lateef teacher of High School Gali Bala informed me on phone that Girls Primary School SAP in Gali Bala has been burnt into ashes by putting it on fire by the unknown accused persons at about 12:30 a.m. 1 went to the place of occurrence and saw that the said school, which consisted of two rooms and furniture and record was completely burnt into ashes. The incident has been witnessed by the persons namely Abdul Mateen…
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