Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302,324,353

Law: Anti Terrorism Act, 1997

Section: 7

Law: Khyber Pakhtunkhwa Arms Act, (XXIII of 2013)

Section: 15

(a) Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), Ss.302, 324 353---Anti-Terrorism Act (XXVII of 1997), S.7---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty---Act of terrorism---Unlicensed possession of arms---Bail, refusal of---Scope---Accused was alleged to have murdered a person and injured the complainant---Matter was promptly reported, where the accused was directly charged---Accused was arrested from the spot soon after the incident along with the weapons used and the motorcycle owned---Collected empties along with recovered pistol were sent to the Forensic Laboratory to ascertain as to whether those were fired from the recovered pistol or otherwise---Chemical Examiner after examining the same had opined that the same were fired from one and the same weapon could not bring on record mala fide on the part of complainant and as such no other presumption could be drawn---Accused was prima facie connected with the commission of offence---Petition for grant of bail was dismissed, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S.497---Bail---Tentative assessment---Scope---Court while seized of a bail matter is to make tentative assessment and deeper appreciation is not warranted but application cannot be heard and decided in vacuum---Court of law is to apply its judicial mind to the collected evidence even at bail stage to avoid miscarriage of justice. JUDGMENT SAHIBZADA ASADULLAH, JUSTICE:---.---Having been booked in case FIR No.510 dated 17.10.2020, registered under Sections 302, 324, 353, P.P.C. read with Section 7 of the Anti-Terrorism Act, 1997, along with Section 15 of the Khyber Pakhtunkhwa Arms Act, 2013, at Police Station City D.I.Khan, accused/ petitioner Muhammad Suhail son of Hidayat Ullah has approached this Court for his release on post arrest bail, as the same was declined to him by the Court of learned Judge MCTC/Duty Judge/Acting Sessions Judge, D.I. Khan, vide order dated 26.4.2021. 2. The prosecution story as disclosed in the FIR, registered on the basis of murasila, in…

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