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NOTAN LAL vs State S — 2022 YLRN 194 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 194 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
NOTAN LAL vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; S. 295-C---A; S. 295-C; S. 497; S. 6; Penal Code (XLV of 1860); C---Anti-Terrorism Act (XXVII of 1997); Anti-Terrorism Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NOTAN LAL VS State S. 497---Penal Code (XLV of 1860), S.295-C---Anti-Terrorism Act (XXVII of 1997), Ss. 6(2)(f) & 6(1)(c)---Bail---Use of derogatory remarks, in respect of the Holy Prophet (PBUH)--- 'Terrorism'--- Scope--- Accused, alleged to have committed offence under S.295-C, P.P.C., assailed order passed by Sessions Judge whereby he had dismissed his application for bail under S. 497, Cr.P.C., on the ground that he lacked jurisdiction as the offence constituted 'terrorism' within the contemplation of S. 6(2)(f) of Anti-Terrorism Act, 1997, hence fell within the purview of Anti-Terrorism Court---Held; offence under S. 295-C, P.P.C., was triable by the Court of Session---Section 6(2) of Anti-Terrorism Act, 1997 could not be read in isolation but had to be viewed in juxtaposition with the conditions specified under S. 6(1)---Ingredients of S. 6(1)(c) of Anti-Terrorism Act, 1997 were conspicuously absent in the case and that being so the alleged act could not be categorized or deemed as 'terrorism' under the Anti-Terrorism Act, 1997---Impugned order was set aside and the Sessions Judge was directed to decide the accused person's bail application.

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