| Citation(s) |
|---|
| 2009 SLG 1798 2009 SLD 1798 2009 SCMR 1210 |
Supreme Court of Pakistan
Criminal Petition No.217 of 2008, heard on 15-04-2009
, JAVED IQBAL, SARMAD, JALAL OSMANY AND SAYED ZAHID HUSSAIN, JJ
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Criminal Petition No.217 of 2008, heard on 15-04-2009
, JAVED IQBAL, SARMAD, JALAL OSMANY AND SAYED ZAHID HUSSAIN, JJ
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Maulana ABDUL AZIZ
VS
THE STATE
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Anti Terrorism Act, 1997
Section: 6/7,21C(4)
Law: Constitution of Pakistan, 1973
Section: 185(3)
Law: Pakistan Penal Code, 1860
Section: 448/427/452/506/147/149
(a) Criminal Procedure Code (V of 1898)---S. 497---Penal Code (XLV of 1860), Ss.448/427/452/506/147/149---Anti-Terrorism Act (XXVII of 1997), Ss.6/7 & 21-C(4)---Constitution of Pakistan (1973), Art.185(3)---Bail, grant of---Sufficient incriminating material was lacking prima facie connecting the accused with the commission of the alleged offence---Presumption of innocence of accused is always paramount irrespective of the heinousness of the alleged offences---No plausible justification could be given as to why Chowkidar of the Library had failed to nominate the accused in the F.I.R. lodged by him, but implicated him in his supplementary statement---No prima facie case was made out against the accused---Impugned order of High Court refusing bail to accused being laconic could not be kept intact, as the case fell within the ambit of further inquiry---It was not known how the alleged offences were abetted or facilitated by the accused in the absence of any evidence in this regard on record---Section 21-C(4) of the Anti-Terrorism Act, 1997, was not applicable to the case of accused---Submission of challan after a lapse of eight months in the Court by itself was sufficient to grant bail to accused---Ipsi dixit of police regarding guilt or innocence of accused could not be depended upon, as the same would be determined by Trial Court on the basis of evidence, yet to be collected---Accused was admitted to bail in circumstances. Abdul Haq v. The State 1979 SCMR 254; Ghulam Nabi v. The State NLR 1978 Cri. 328; Sultan Khan v. Amir Khan PLD 1977 SC 642; Haq Nawaz v. Tie State 1969 PCr.LJ 358; Haq Nawaz v. The State 1969 SCMR 174; Mst. Zaro v. The State 1974 SC 11; Muhammad Sadiq v. Sadiq PLD 1985 SC 182; Falak Sher v. The State 1979 SCMR 103; Najeeb Gul v. Khalid Khan 1989 SCMR 899; Syed Amanullah Shah v. The State PLD 1996 SC 241; Arbad Ali v. Khamiso 1985 SCMR 195; Tariq Bashir v. State PLD 1995 SC 34; Shabbir Ahmad v. The State PLD 1977 Lah. 201; Nisar Ahmad v. The State PLD 1971 SC 174 and Mian Mehraj Din and others v. The State 1985 PCr.LJ.2987 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Constitution of Pakistan (1973),…
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