Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), Ss.302, 324, 34 & 114---Anti-Terrorism Act (XXVII of 1997), Ss. 21-L & 7---Qatl-i-amd, common intention, abscondance, abettor present when offence was committed, terrorism---Bail, grant of---Order sheet revealed that prosecution after rejection of first bail petition made no substantial progress to complete the case---Co-accused were already on bail---Bail was allowed to accused. THIS ORDER PASSED BY: MALIK HAQ NAWAZ, J.---- The petitioner was booked for the offences under sections 302/324/34/114, P.P.C., read with sections 21-L and 6/7 of ATA, 1997 vide FIR No.41/2012 registered at Police Station Baseen, Gilgit on 1.7.2012. 2. The petitioner applied for post arrest bail before the trial Court which was declined on 25.8.2013. The petitioner assailed the order of trial Court by submitting a bail application before this Court which also met with the same fate vide order dated 24.9.2013. The petitioner filed another bail application before the trial Court which also did not find favour with the learned trial Court vide order dated 25.6.2016. Being dissatisfied from the order of learned trial Court the petitioner has come to this Court for relief of bail in second round. 3. The main grievances of the petitioner raised at bar by the learned counsel are that the charge was framed in the year, 2013 and after a lapse of over 3 years only 6 P.Ws. have been examined and the conclusion of trial is not insight in near future. The learned counsel further submitted that after rejection of first bail application by this Court on 24-09-2013, the prosecution did not produced the witnesses in the trial Court intentionally just to prolong the miseries and hardships of the accused. The mala fide intention of the prosecution is evident from the order-sheets annexed with the petition. The learned further added that the mandatory provisions of law relating to the trial by Anti-Terrorism Courts have been violated and the concept of fair trial has been defeated. Prayed that the petitioner be admitted to bail in the above circumstances as the co-accused are enjoying bail facility having similar role. 4.…

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