Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Anti Terrorism Act, 1997

Section: 6/7/21(D)(4)

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Anti-Terrorism Act (XXVII of 1997), Ss.6/7/21(D)(4)---Bail, grant of---Accused had been arrested soon after the occurrence in January, 2005---After his arrest the trial could not be concluded within a reasonable time due to non-availability of Anti-Terrorism Court's Judge for a considerable period---When the trial came close to pronouncement of judgment, one of the alleged absconding accused in the same case was arrested---Ultimately, the Judge had no option except to re-start the trial, pending judgment against accused---Accused, in circumstances, had to wait for conclusion of trial against the newly arrested accused---No provision existed in the relevant or general law that judgment could partially be announced against those who had faced trial---Plea of hardship, in circumstances found existed in favour of accused---Co- accused, who had been attributed similar role, had already been released on bail by Chief Court---Rule of consistency demanded that accused too was entitled for the same treatment. (b) Administration of justice--- ----Initial duty of the court---Initial duty of the court of law and justice is to disburse justice without going into the heinousness of the allegations; and where the law favoured accused, the Court should ensure to enforce the same. JUDGMENT SAHIB KHAN, J.---Itrat Hussain son of Muhammad Ismail petitioner has filed petition for his after-arrest bail as his petition has been refused by the Judge, A.T.C., Gilgit. 2. F.I.R. No.13 of 2005 of Police Station City Gilgit has been lodged on the complaint filed by one Akbar Aman wherein he has complained about the murder of Taighoon Nabi D.F.O. and putting on fire the residential house of Taighoon Nabi (deceased). It has been alleged' in the complaint that other six (deceased) persons were also found dead on the spot, while two injured persons were brought to the hospital from the place of occurrence. 3. According to investigation few persons were found involved in the brutal incident some were arrested after the occurrence, while some declared as absconders. The trial of challaned persons began and was close to the conclusion of…

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