| Citation(s) |
|---|
| 2026 SLG 2301 2026 SLD 2301 = 2026 MLD 287 |
Supreme Court (AJ&K)
Criminal Appeal No. 47 of 2024, decided on 30th April, 2025.
Kh. Muhammad Nasim and Raza Ali Khan, JJ
M. Yaqoob Khan Mughal, Advocate for Appellant. Haider Rasheed Mughal, Asstt. Advocate-General and Sajid Maqbool, Advocate for
Respondent.
Criminal Appeal No. 47 of 2024, decided on 30th April, 2025.
Kh. Muhammad Nasim and Raza Ali Khan, JJ
M. Yaqoob Khan Mughal, Advocate for Appellant. Haider Rasheed Mughal, Asstt. Advocate-General and Sajid Maqbool, Advocate for
Respondent.
MUHAMMAD JAMEEL KHAN---Appellant
VERSUS
SAGHIR HUSSAIN---Respondent
Law: Azad Penal Code (XLV of 1860)
Section: 324, 341, 337-D, 337-F(iii), 34
Law: Offences Against Property (Enforcement of Hudood) Ordinance, 1979
Section: 17(2)
Law: Arms Act (XIII of 1965)
Section: 15
Law: Azad Jammu and Kashmir Interim Constitution Act, 1974
Section: 42
(On Appeal from the judgment of the High Court dated 02.12.2024, passed in Revision Petition No. 414 of 2024). Azad Penal Code (XLV of 1860) Ss. 324, 341, 337-D, 337-F(iii) & 34---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(2)---Arms Act (XX of 1965), S.15---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Art. 42---Appeal---Attempt to commit qatl-i-amd, wrongful restraint, causing jaifah, ghayr-jaifah-mutalahimah, common intention, harabbah, possession of unlicensed weapon---Accused/respondent was arrested in the said offences---Accused/respondent submitted bail application before the Court, which was dismissed---Accused/respondent filed revision petition against the said order before the High Court, which was allowed and he was admitted to bail---Validity---In the present case, it appeared from the record that the accused-respondent was not nominated in the FIR, rather his arrest was solely based on the disclosure of the principal accused, who was alleged to have fired the shot---At this stage, there was no independent or corroborative material to prima facie establish his presence or active participation at the scene of occurrence---Allegation of association with principal accused remained unsubstantiated and fell within the realm of further inquiry---Appellant had not demonstrated any legal infirmity or perversity in the impugned bail granting order of the High Court to justify interference---Prosecution shall be at liberty to approach the competent forum for cancellation of bail, if any fresh material surfaced during the trial---Appeal was disposed of, accordingly. Date of hearing: 30th April, 2025. Judgment Raza Ali Khan, J.---This appeal has been preferred against the…