RASHAM DIN vs State S — 2022 PCrLJ 146 SUPREME-COURT-AZAD-KASHMIR

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RASHAM DIN VS State S. 497---Bail---Further inquiry---Scope---For bringing a case in the ambit of further inquiry, there must be some evidence which may create a reservation in respect of the involvement of accused in the commission of offence. Head NotesCase Description Citation Name: 2022 PCrLJ 146 SUPREME-COURT-AZAD-KASHMIRBookmark this Case RASHAM DIN VS State S. 497---Bail---Tentative assessment---Scope---If from the tentative assessment of the material brought on record, it can be ascertained that the accused has committed an offence punishable with death or transportation for life, then, the concession of bail shall not be extended to an accused but if from the entire evidence the Court reaches to conclusion that the occurrence yet requires further inquiry, then the accused shall be released on bail. Head NotesCase Description Citation Name: 2022 PCrLJ 146 SUPREME-COURT-AZAD-KASHMIRBookmark this Case RASHAM DIN VS State S. 497--- Bail--- Direction for expeditious disposal---Scope---Prosecution stressed that the trial was in progress, therefore, instead of grant of bail a direction for expeditious disposal of the main case was justified---Held; argument was alien to law as mere on the ground that the trial was in progress or near to completion, the bail could not be withheld if from the tentative assessment of the material available on record the case of further inquiry was made out. Head NotesCase Description Citation Name: 2022 PCrLJ 146 SUPREME-COURT-AZAD-KASHMIRBookmark this Case RASHAM DIN VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 452 & 34---Offences Against Property (Enforcement of Hudood) Act (XII of 1985), S. 20---Qatl-i-amd, house-trespass after preparation for hurt, assault or wrongful restraint---Haraabah liable to tazir---Bail, grant of---Un-natural conduct---Further inquiry---Scope---Accused sought bail in an FIR registered under Ss. 34, 302 & 452, P.P.C. read with S. 20 of Offences Against Property (Enforcement of Hudood) Act, 1985---None was initially nominated in the FIR, moreover, in the statements recorded under S. 161, Cr.P.C., on the very next day of the occurrence, the complainant and others had again showed unawareness regarding the involvement of anyone in the commission of offence---Later on, when the police arrested the accused, complainant and others identified that he was the person who murdered the deceased---Accused was their neighbour, thus his nomination as accused, after lapse of considerable time, during identification parade, made the case one of further inquiry--- Accused was admitted to bail, in circumstances. Head NotesCase Description Citation Name: 2022 PCrLJ 146 SUPREME-COURT-AZAD-KASHMIRBookmark this Case RASHAM DIN VS State S. 497---Bail---Scope---No one can be kept behind the bars for an indefinite period as ultimately if the case is proved against him, then he will be convicted but if he is acquitted of the charge then he cannot be compensated for the agony he suffered during the period spent behind the bars. Head NotesCase Description

RASHAM DIN vs State S — 2022 PCrLJ 146 SUPREME-COURT-AZAD-KASHMIR

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