Law: Code of Criminal Procedure (CrPC), 1898

Section: 497

Law: Penal Code (XLV of 1860)

Section: 324, 337-D, 34, 147 & 148

Criminal Procedure Code (V of 1898)-------S. 497---Penal Code (XLV of 1860), Ss. 324, 337-D, 34, 147 & 148---Attempt to commit qatl-i-amd, common intention, rioting armed with deadly weapons--Bail, grant of---Rule of consistency---Accused was charged for making firing in order to spread fear and terror, due to which complainant was hit and became injured---Petitioner/accused was not directly nominated in the FIR and no specific role hadbeen attributed to him in the occurrence and investigation of the case had been completed by the prosecution and there was no ocular evidence of the occurrence---Co-accused of the present petitioner who were attributed similar role, had been released on bail by the Trial Court---Another co-accused of the present petitioner had been released on bail by the Chief Court and the case of accused/petitioner was at par with the other accused hence, he was also entitled for grant of post arrest bail on the principle of consistency---Bail is not to be withheld as punishment---There was no legal and moral compulsion to keep the people in jail merely on the allegation that they have committed offences punishable with death or life imprisonment, unless reasonable grounds exist to disclose their involvement--Petition was allowed and the present petitioner/accused was admitted to post arrest bail.JUDGMENTALI BAIG, C.J.---The instant bail petition under section 497 Cr.P.C has been filed by the petitioner/ accused for grant of post arrest bail, in criminal case bearing FIR No. 67/2022 registered at Police Sention Airport Gilgit for offences under sections 147, 324/34 and 337-D P.P.C. read with section 6/7 and 21-L of Anti-Terrorism Act, 1997.2.    Brief facts of the case as per contents of the FIR are that complainant namely Usama son of Kareemuallh lodged a complaint before the SHO Police Station Airport Gilgit stating therein that on 30-7-2022 at about 05:30 hours when he reached near Yadghar Chowk Barkey to buy some soft drinks, a procession arrived there and the local police were also present along with the procession/mob. A motorcyclist from the procession quarreled with a chingchi driver. Some other motorcyclists…

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