State vs Arif Hussain S — 2025 MLD 1740 Gilgit-Baltistan Chief Court

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State VS Arif Hussain S. 497(5)---Penal Code (XLV of 1860), Ss. 447, 427, 290 & 109---Explosive Substances, Act (VI of 1908), Ss. 6 & 7---Anti-Terrorism Act (XXVII of 1997), Ss. 6 & 7---Criminal trespass, mischief by causing loss or damage to the amount of fifty rupees or upward, public nuisance, abetment, unlawful and malicious use of explosive substances, act of terrorism---Application for cancellation of bail, dismissal of---Allegation against the accused-respondent was that the roof of the house of complainant collapsed as a result of explosion caused by accused-respondent---Record showed that the present accused/respondent was admittedly not present at the place of occurrence at the time of occurrence---Complainant had involved the respondent/ accused for the offence under S.109, P.P.C.---Moreover, Superior Courts of the country from time to time have enunciated/settled certain principles governing cancellation of bail, which are, if the bail granting order was patently illegal, erroneous, factually incorrect and had resulted into miscarriage of justice; if accused had misused the concession of bail in any manner; if accused had tried to hamper prosecution evidence by persuading/pressurizing prosecution witnesses; if there was likelihood of absconsion of the accused beyond the jurisdiction of the Court; it accused had attempted to interfere with the smooth course of investigation; if accused had misused his liberty while indulging into similar offence and some fresh facts and material had been collected during the course of investigation with tended to establish guilt of the accused---Said conditions/grounds were lacking in the case of the petitioner---Trial Court had exercised the jurisdiction on the basis of material and pre-arrest bail granted to the present respondent by the Trial Court was justified---Bail cancellation petition being devoid of merit was dismissed, in circumstances.

State vs Arif Hussain S — 2025 MLD 1740 Gilgit-Baltistan Chief Court

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