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| 2025 SLG 1162 2025 SLD 1162 = 2025 SCP 159 = 2025 SCMR 1596 |
Criminal Petition No. 1175 of 2024 (On appeal against the order dated 03.10.2024 of the Lahore High Court, Lahore passed in Crl. Misc. No. 48510-B of 2024)
PRESENT: Justice Naeem Akhter Afghan Justice Muhammad Hashim Khan Kakar Justice Ishtiaq Ibrahim
For the Petitioner: Mr. Shabib Masud, ASC Mr. Moiz Tariq, ASC For the State: Mr. Zulfiqar Abbas Naqvi, Spl. Prosecutor, Punjab Tariq Siddiue, Addl.P.G., Punjab Dr. Javid Asif, DSP Zahid Saleem, Inspector Date of Hearing: 02.05.2025
Ejaz Ahmad Chaudhary …Petitioner
VERSUS
The State thr. P.G. Punjab and another
Law: Anti-Terrorism Act, 1997
Section: 7
Law: Penal Code (XLV of 1860)
Section: 324, 395, 436, 427, 290, 291, 148, 149, 337-L(ii), 34, 109, 120-D, 121, 121-A, 131, 146, 153, 153-A, 153-B, 505
Law: Code of Criminal Procedure (CrPC), 1898
Section: 497
(a) Criminal Procedure Code (V of 1898)---
----S. 497(2)---Penal Code (XLV of 1860), Ss. 324, 395, 436, 427, 290, 291, 337L(2), 109, 120-D, 121, 121-A, 131, 146, 153, 153-A, 153-B, 505, 148, 149 & 34--Anti-Terrorism Act (XXVII of 1997), S. 7---Constitution of Pakistan, Art. 185(3)--Attempt to commit qatl-i-amd, dacoity, mischief by fire and explosive substance, causing damage or loss of fifty rupees or more through mischief, public nuisance, hurt, abetment, criminal conspiracy, attempt to wage war, attempting to seduce a soldier, rioting, giving provocation with intent to cause riot, promoting enmity between different groups, public mischief, rioting armed with deadly weapons, unlawful assembly, common intention, act of terrorism---Post-arrest bail, grant of--Further inquiry---Petitioner was not nominated in FIR for the occurrence of 9th May 2023---Petitioner was implicated by the complainant in his supplementary statement on the basis of tweets/audio/video clips on social media---Admissibility, relevancy and evidentiary value of the supplementary statement of the complainant as well as the alleged tweets/audio/video clips on social media were yet to be determined at the trial which had not yet concluded despite lapse of almost two years---Thus, bail could not be withheld as mere punishment---Petitioner had been arrested for the allegation of hatching the criminal conspiracy for the occurrence of 9th May, 2023---Allegation was yet to be proved by the prosecution at trial--Prosecution had yet to explain the delay of three days in lodging FIR as well as delay of about one month by the complainant for making the supplementary statement---On the basis of tentative assessment of the material so far available on record, the case against the petitioner also fell within the ambit of further inquiry--Petitioner was also entitled for grant of bail on the rule of consistency as coaccused had already been granted bail by the Court for the same allegations in the same FIR---Petition was converted into appeal and same was accepted, in circumstances and accused was granted bail.
(b) Criminal Procedure Code (V of 1898)---