| Citation(s) |
|---|
| 2019 SLG 941 2019 SLD 941 2019 MLD 799 |
Supreme Court (AJ&K)
Criminal Appeals Nos. 4 and 5 of 2018, decision Dated: 18-03-2018. (On Appeal from the judgment of the High Court Dated 23.12.2017 in Criminal Revision Petitions Nos. 144 and 167 of 2018).
RAJA SAEED AKRAM KHAN, JUSTICE
Petitioner(s) by: Tahir Aziz Khan, Advocate (in Criminal Appeal No.5 of 2018). Kh. Attaullah Chak, Advocate (in Criminal Appeal No. 4 of 2018).
Respondent(s) by: Sardar Javaid Naz, Additional Advocate General (in Criminal Appeal No. 4 of 2018). Sardar
Criminal Appeals Nos. 4 and 5 of 2018, decision Dated: 18-03-2018. (On Appeal from the judgment of the High Court Dated 23.12.2017 in Criminal Revision Petitions Nos. 144 and 167 of 2018).
RAJA SAEED AKRAM KHAN, JUSTICE
Petitioner(s) by: Tahir Aziz Khan, Advocate (in Criminal Appeal No.5 of 2018). Kh. Attaullah Chak, Advocate (in Criminal Appeal No. 4 of 2018).
Respondent(s) by: Sardar Javaid Naz, Additional Advocate General (in Criminal Appeal No. 4 of 2018). Sardar
CRIMINAL APPEAL NO. 4 OF 2018 MUHAMMAD AZAD KHAN
VS
STATE THROUGH ADVOCATE GENERAL, AZAD JAMMU AND KASHMIR, MUZAFFARABAD CRIMINAL APPEAL NO.5 OF 2018 ER ASIF RATHORE VS THE STATE OF AZAD JAMMU AND KASHMIR THROUGH ADVOCATEGENERAL, MUZAFFARABAD AND
Law: Criminal Procedure Code (V of 1898)
Section: 169,497
Law: Azad Jammu and Kashmir Anti-Terrorism Act, (XL of 2014)
Section: 6,46,53
Law: Azad Jammu and Kashmir Arms Act, (XI of 2015)
Section: 15(2-AB)
Law: Pakistan Penal Code, 1860
Section: 109,147,148,149,302,000,000,000
Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 324, 427, 436, 109, 147, 148 & 149---Azad Jammu and Kashmir Anti-Terrorism Act (VI of 2014), S. 6---Azad Jammu and Kashmir Arms Act (XI of 2015), S.15(2-AB)---Qatl-i-amd, attempt to commit qatl-i-amd, mischief causing damage to the amount of fifty rupees mischief by fire or explosive substance with intent to destroy house etc. rioting armed with deadly weapon, unlawful assembly, keeping arms without licence, act of terrorism---Bail, refusal of---Allegation against the accused-petitioners were commission of the offence falling under the provisions of Anti Terrorism Act, 2014---None of the counsel for the accused-petitioners had advanced any argument that in view of the provisions of Azad Jammu and Kashmir Anti Terrorism Act, 2014, the of the Trial Court was against law, arbitrary or perverse---All the arguments lacked the proper appreciation of the provisions of the special law---Impugned order passed by the Trial Court appeared to be speaking order and based upon appreciation of the relevant material---Accused-petitioners had failed to make out any convincing ground for exercising of revisional jurisdiction to their extent---As per provisions of special law, the nature and quantum of punishment was quite different from the nature and quantum of punishment provided in the ordinary laws---Special law laid down some special conditions and procedure in matters related to bail---Circumstances established that the under appeal was speaking based upon settled principles of law and did not suffer from any legal infirmity---Expeditious disposal of the case would serve the purpose, therefore, Trial Court was directed by the Supreme Court to take all necessary steps, conduct expeditious proceedings of the case and ensured disposal of the same as early as possibly while strictly complying with the provisions of S. 46 of Azad Jammu and Kashmir Anti Terrorism Act, 2014---Appeals were dismissed in circumstances. Naseer Ahmed and 7 others v. The Stae 1998 PCr.LJ 11; Zaheer Ahmed and another v. Ibrar Hussain and others 2014 SCR 1667; Sanwan v. The State 2003 PCr.LJ 756; Muhammad Arif v.…
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