Case Details

Citation(s)
2026 SLG 4747 = 2026 SLD 4747 = 2026 PLJ 109
Sindh High Court
Crl. B. Appln. No. 3041 of 2024
Presented By: Amjad Ali Sahito JUDGE
M/s. Saathi M. Ishaque & S.K. Lodhi, Advocates for Applicants. Mr. Khalid Nawaz Khan Marwat, Advocate for Complainant. Mr. Muhammad Noonari, DPG for
Respondent. Date of hearing: 7.2.2025.

IQBAL MAHMOOD and others--Applicants

VERSUS

MUFTI ABDULLAH NOORANI--Respondent

Law: Code of Criminal Procedure, 1898

Section: 497(2)

Law: Pakistan Penal Code (PPC),1860

Section: 398(c)/34

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Pakistan Penal Code, 1860 (XLV of 1860), Ss. 398(c)/34--Bail, grant of--Further inquiry--Allegation of--Applicants were running a Marzai Markaz co-accused invited Muslim People to attend ceremony--They tried to convince Muslim people by bribing them to their Qadiani religion and try to injure feelings of Muslims so also violate constitution--Applicants present in Court denied allegation that they were preaching for Ahmadi religion and submit that only allegation against them is that they are organizer of their Markaz--They further submits that neither they have preached for their religion nor invited any Muslims to join them--The offence in which applicants have been booked does not fall within prohibitory clause of Section 497, Cr.P.C.; grant of bail is right and refusal is expectation--No exception has been pleaded by learned counsel for complainant to refuse bail to applicants--Furthermore, four PWs have only implicated present applicants being organizers of Markaz--Counsel for applicants also pleaded mala fide on part of complainant that due to dispute over property, they have been implicated and such Suit is also pending before this Court as such, on basis of private dispute, they have been involved in this case--At bail stage, only tentative assessment is to be made and deeper appreciation is not permissible--Bail allowed.         [Para 6] A M/s. Saathi M. Ishaque & S.K. Lodhi, Advocates for Applicants. Mr. Khalid Nawaz Khan Marwat, Advocate for Complainant. Mr. Muhammad Noonari, DPG for Respondent. Date of hearing: 7.2.2025. Order Through this Bail Application, applicants/accused seek pre-arrest bail in Crime No. 138/2024 for the offence under Sections 298-C/34, PPC registered at PS Baldia Town, after their bail plea has been declined by the learned IV. Addl. Sessions Judge, Karachi West vide order dated 16.11.2024. 2.       The details and particulars of the FIR are already available in the bail application and FIR, same could be gathered from the copy of FIR attached with such application, hence, needs not to reproduce…
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