Noman Shahzad vs Ayaz Khadim S — 2024 MLD 1793 HIGH-COURT-AZAD-KASHMIR

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Noman Shahzad VS Ayaz Khadim S. 497(5)---azad Penal Code (XLV of 1860), Ss. 324, 452, 353, 337-a, 337-F, 430, 186, 427, 147, 148 & 149---Murderous assault---Petition for cancellation of bail dismissed of---Pre-arrest bail was allowed to the petitioner, which later on was confirmed---Validity---Bail matters are to be decided in the light of the material collected by police during investigation of the case---Credibility, scrutiny and truthfulness of the witnesses are to be adjudged by the Trial Court at the time of the appreciation of evidence after the conclusion of trial---allegation leveled against the accused/respondents alongwith other co-accused was that they entered in the office of the complainant (Passport Office), locked the door of office, hit the complainant with fists, kicks and iron clips; threw things hitting the head and face of complainant and also broke official furniture and tore official documents---Cursory perusal of police record showed that the accused/respondents were not required for recovery or investigation---Whether the accused/respondents were involved in the alleged occurrence or not, was a matter of further probe---Furthermore, the record showed that the complainant was also involved in making fake and bogus passport and he was also required by the police in a case and was also a fugitive from law---Case of the accused-respondents was not covered by the prohibitory clause of S.497, Cr.P.C.---Thus, the impugned bail confirmation order was in accordance with law, which needed no indulgence by the High Court---Once the bail is granted to the accused by a Court of competent jurisdiction, very strong grounds and reasons are required to cancel the same---Petitioner had failed to raise any plausible reason to cancel the bail confirming order of the accused/respondents---No illegality, irregularity or perversity had been found in the impugned bail order---Petition stood dismissed, in circumstances.

Noman Shahzad vs Ayaz Khadim S — 2024 MLD 1793 HIGH-COURT-AZAD-KASHMIR

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