| Citation(s) |
|---|
| 2025 SLG 3369 2025 SLD 3369 = 2025 SHC 352 |
Criminal Bail Appln. No.201 of 2025
Ali Haider ‘Ada’, J
Applicants Ghazi and Vindur by caste Mari. : through Mr. Abdul Ghani Abro, Advocate.
VS
The State
Law: Pakistan Penal Code, 1860
Section: 302,324,353,148,149
Law: Anti-Terrorism Act, 1997
Section: 7
Summary:
This order relates to a post-arrest bail application by accused Ghazi and Vindur in Crime No. 142 of 2023, involving serious charges under multiple sections including murder (302 PPC) and anti-terrorism law (7 ATA). The incident involved a violent attack on police officers and a civilian over a land dispute, resulting in deaths and injuries. The bail application was rejected due to the grave nature of the offenses, direct involvement of the accused in the firing that caused deaths and injuries, prompt registration of the FIR, and absence of evidence suggesting false implication. Given the capital punishment possibility and sufficient evidence, the court denied bail.
Core Points:
- Applicants seek post-arrest bail in a case involving murder and armed attack on police and civilians.
- The incident occurred on 28.10.2023, involving firing by a group including the accused.
- Two people died, including a police official; one police officer injured.
- Bail plea was earlier declined by Additional Sessions Judge.
- Evidence includes recovered crime empties and direct role attribution to accused.
- No ill motive or false implication shown against accused.
- Bail cannot be claimed as a right in non-bailable offenses involving capital punishment.
- Court rejects bail application due to serious charges and sufficient prima facie evidence.
Law and Section Table:
| Section | Law Description |
|---|---|
| 302 PPC | Murder |
| 324 PPC | Weapon or instrument with intent to cause injury |
| 353 PPC | Assault or use of criminal force to deter public servant from discharge of duty |
| 148 PPC | Rioting, armed with deadly weapon |
| 149 PPC | Every member of unlawful assembly guilty of offense committed by any member |
| 7 ATA | Anti-Terrorism Act - involvement in terrorist acts |
O R D E R