Law:

Section:

Keywords: Merits Of The Case, Liability, Bail After Arrest, Pre-Arrest Bail, Defence, Concession Of Bail, Order, Petition, Magistrate, Consideration, Proceedings, Removal, Discretion, Disposal, Land, Evidence, Parties, Surety, Certificate, Legal Proceedings, Prosecution, Trial Court, Impugned Order, Dispute, Satisfaction, Procedure, Place, Custody, Recording, Jurisdiction ORDER KHAWAJA MUHAMMAD SAEED, J.- The above noted appeal has been filed against an order of Additional District Court of Criminal Jurisdiction Muzaffarabad dated May 18,1994. 2. The facts giving rise to the present controversy briefly stated are that both the appellants herein are involved, along with Muhammad Zubair and Shabir Ahmed sons Of Mir Muhammad, the present appellant No. 1, in a case under Sections 5/4 and 15 of the Islamic Penal Laws Act Section 34 and 397 of the Azad Penal Code. The appellant alongwith Zubair moved an application for their release on bail before the District Criminal Court Muzaffarabad on March 26, 1994 whereas Shabir Ahmed moved his application for pre-arrest bail before the said Court on April 25,1994. All the applications were entrusted to the Additional District Criminal Court Muzaffarabad for hearing and disposal by the District Criminal Court Muzaffarabad. Pre-arrest bail of Shabir Ahmed was confirmed. The concession of bail was also allowed to Zubair. However, the appellants herein were declined the concession of bail. Hence the present appeal. 3. One Mir Muhammad is also the complainant in the present case. On March 5, 1994, he presented a written report at police station Ghari Dopatta wherein it was stated that the complainant and accused-party had a dispute over a piece of land. They were not allowing their cattle to enter into the field belonging to the rival party. On the fateful day of the incident, i.e. On March 5,1994 at about 3-000 p.m. The goats of Mir Muhammad accused herein entered into the field of the complainant which was not taken into good taste by him. Mir Muhammad accused along with his sons Muhammad Sharif and Zubair got excited and called names to he complainant. In the meantime, the brothers of complainant, namely, Mahboob and Niaz…

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