Law:

Section:

(a) Protection of Pakistan Act (X of 2014)-- ----S. 18---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Bail---Under S.18, Protection of Pakistan Act, 2014 there was no legal bar to seek bail through constitutional petition filed under Art.199 of the Constitution---Constitutional petition in the present case being for bail in substance, was maintainable; as the petitioner had no other remedy to seek bail under Criminal Procedure Code, 1898. District Bar Association Rawalpindi v. Federation of Pakistan PLD 2015 SC 401 Citations (ww) and (ccc) and Khan Asfandyar Wali and others v. Federation of Pakistan and others PLD 2001 SC 607 ref. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 498---Constitution of Pakistan, Art.8(1)(2)---Protection of Pakistan Act (X of 2014), S.18---Penal Code (XLV of 1860), Ss.324, 353, 427, 148 & 149---Explosive Substances Act (VI of 1908), Ss.3, 4 & 5---Anti-Terrorism Act (XXVII of 1997), S.7---Attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, mischief, rioting, common object, possessing explosive substances, act of terrorism---Bail after arrest and ad interim pre-arrest bail, refusal of---Accused, though, were not directly charged/nominated, but were implicated later on, through a source report---Accused were correctly identified by the witness---Accused who had committed the crime, but was not charged in the promptly lodged report, or not arrested on the spot, could not be implicated later on, despite having sufficient material against him, was not a universal rule---Accused persons, in the present case, had been implicated on account of source report, based on some solid incriminating evidence against them, would not be in a position to take shelter under the umbrella of technicalities; as they had not directly been charged in the FIR---Accused persons in other FIR had directly been charged for committing the crime and decamping thereafter from the spot---Accused persons claimed that as co-accused had been granted bail, they were also entitled to be released on bail on the principle of consistency---Validity---Proper…

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