Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Anti Terrorism Act, 1997

Section: 11-F,11-H,11-I,11-J,11-N

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Anti-Terrorism Act (XXVII of 1997), Ss. 11-F, 11-H, 11-I, 11-J 11-N---Membership, support and meetings relating to a proscribed organization, fund raising, funding arrangements---Bail, grant of---Confession to police officer---Scope---Accused persons were alleged to have been involved in providing assistance to terrorists and collecting funds for banned organization---Confessional statements were recorded during police custody---All the statements were written down in the same pattern and only 10 minutes time was provided to the accused persons to think over and make confessional statements---Confessional statements nowhere revealed that when, how and by whom the accused persons used to get aid/donations, etc and through what source same were being transferred to the banned organizations and used for terrorist activities---Except confessional statements, no other incriminating material was available on file which could prima facie connect the accused persons with the commission of offence---Petition for grant of bail was allowed, in circumstances. Zafar Iqbals case 2009 SCMR 1488; Riaz Jafar Natiqs case 2011 SCMR 1708 and Muhammad Tanveers case PLD 2017 SC 733 rel. (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.--- Through this petition, accused/petitioners namely Qari Muhammad Arshad and two others seek their release on bail, who are charged in case FIR No.11 dated 21.12.2019 under sections 11 F(2)(6), 11H(2), 11i, 11J, 11N of Anti-Terrorism Act, registered at Police Station, CTD, Hazara Division, Abbottabad. Earlier their plea for post arrest bail was declined by the learned Court below vide order dated: 27.04.2020. 2. Succinctly, the facts of the case as narrated in the first information report are that the complainant/SHO on 06.03.2019 in search of terrorists and their abettors was on gust…

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