State vs Muhabbat Jamal S — 2024 PCrLJ 1492 GILGIT-BALTISTAN-SUPREME-APPELLATE-COURT

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State VS Muhabbat Jamal S.497(5)---Penal Code (XLV of 1860), Ss. 324 & 341---Government of Gilgit-Baltistan Order, 2018, Art.75(13)---Attempt to commit qatl-i-amd , wrongful constraint---Petition for cancellation of bail, dismissed of---Plea of the petitioner /State was that respondent/accused was involved a heinous offence which came within the purview of prohibitory clause of S.497, Cr.P.C, thus, bail granted to the respondent/accused was liable to be cancelled---Validity---Allegation against the respondent (accused) in the FIR was that he made firing upon the complainant with 12 bore rifle but fire did not hit him and he was saved---There was no allegation of against the respondent that he inflicted any injury on the person of the complainant---During investigation no crime empty was secured by the Police from the place of occurrence, therefore, allegation of firing against the respondent required further inquiry---Admittedly civil litigation pertaining to land-in-dispute was pending between the parties, therefrom, false involvement of the respondent in the present case on the basis of malafideson account of said dispute could not be ruled out---Whether the respondent had actively participated in the occurrence was a question which would be determined by the Trial Court after recording the prosecution's evidence---Respondent was admitted to post-arrest bail by the Chief Court after discussing the merits of the case---If bail is granted to an accused on merits, exceptional circumstances are required to cancel the same---Perusal of record revealed that no such circumstances were available to interfere with bail granting order passed by the Chief Court---Petitioner had not pointed out any perversity or illegality in the bail granting impugned order passed by the Chief Court---Petition was disissed.

State vs Muhabbat Jamal S — 2024 PCrLJ 1492 GILGIT-BALTISTAN-SUPREME-APPELLATE-COURT

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