Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302,148,149

Law: Anti Terrorism Act, 1997

Section: 7

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 148 149---Anti-Terrorism Act (XXVII of 1997), S. 7---Qatl-i-amd, rioting, armed with deadly weapon---Act of terrorism---Bail, refusal of---Delayed FIR---Absconsion of accused---Res gestae witness---Dying declaration---Scope---Allegation against accused was that he along with other nominated or unknown but identifiable co-accused persons came to the business place of complainants brother and caused him firearm injuries as a result of which he succumbed to the injuries---Delay in lodging FIR was natural and the same was plausibly explained within the body of FIR---Accused had remained absconder for more than four years---Accused was associated with a proscribed organization, which was involved in sectarian terrorism---Motive for the murder was alleged to be a sectarian dispute---Murder was motivated due to clerical strife and conflict in which the accused and his associates were so desperate that they allegedly did not hesitate to take the life of a person with whom they had no personal grudge or animosity---Absence of complainant from the place of incident made no difference because he had first-hand knowledge of res gestae and had also reported the dying declaration of deceased---Accused was not entitled to the concession of bail---Bail application was dismissed, in circumstances. (b) Criminal trial--- ----Absconsion---Scope---Fugitive to law and trial dis-entitles himself from some of the concessions, which otherwise are available to him. (c) Criminal trial--- ----Report of police---Scope---Police report after investigation or re-investigation is not binding upon the Court. ORDER FAHIM AHMED SIDDIQUI, JUSTICE:---.--- The applicant seeking post-arrest bail in a case registered against him at Police Station Piryalo vide lodgment of FIR No. 108/2014 under sections 302, 148 and 149 read with section 7, A.T.A., 1997. Earlier, the applicant has tried to get similar relief from the trial Court but could not succeed. 2. As per FIR, the allegations against the applicant are that he along with other nominated or unknown but identifiable co-accused persons came to the business…

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