Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Anti Terrorism Act, 1997

Section: 11,11-F

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Anti-Terrorism Act (XXVII of 1997), Ss. 11-N 11-F---Fund raising, use and possession, funding arrangements, money laundering, membership, support and meetings relating to a Proscribed Organization---Bail, grant of---Further inquiry---Scope---Accused was apprehended by the police with certain sum of amount along with a book on which TTA (Tehreek-e-Taliban Afghanistan) was written, and when he was found busy in collecting subscription in the shape of cash amount from the people in the bazaar in the name of Jehad and was also instigating the people to join jehadi outfits---Punishment for Ss. 11-N 11-F of Anti-Terrorism Act, 1997 did not fall within the prohibitory clause of S. 497, Cr.P.C.---Except solitary statement of complainant, no other incriminating evidence was available on file to prima facie connect the accused with the commission of offence---Case of accused required further probe as provided under subsection (2) of S. 497, Cr.P.C.---Petition for grant of bail was allowed. 1996 SCMR 1845 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Scope---Bail does not mean acquittal of accused but only change of custody from Government agencies to the sureties, who on furnishing bonds take responsibility to produce the accused whenever and wherever required to be produced. Haji Muhammad Nazir v. State 2008 SCMR 807 ref. JUDGMENT AHMAD ALI, J.--- After having been failed to get the concession of bail from the learned Trial Court vide order dated 18.12.2019, the petitioner (Haji Turab), seeks his post arrest bail in case FIR No. 27 dated 10.12.2019 under sections 11-(N)/11(F), A.T.A.,-1997, P.S. CTD (Mardan). 2. Succinct facts of the case are that the present accused petitioner was apprehended by the local police with an amount of 4840/- of different nominations along with a book on which TTA (Tehreek-e-Taliban Afghanistan) was written, and when he was found busy in collecting subscription in the shape of cash amount from the people in the Bazaar in the name of Jehad and was also instigating people to join jehadi outfits. According, he was booked in FIR ibid, hence the instant petition for…

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