Raza vs State S — 2025 MLD 1875 HIGH-COURT-AZAD-KASHMIR

Case information

Citation: 2025 MLD 1875 HIGH-COURT-AZAD-KASHMIR
Year: 2025
Reporter: MLD
Parties: Raza vs State S
Subject matter: Criminal
Provisions referred to: S. 497---; Penal Code (XLV of 1860); Penal Code

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

Raza VS State S. 497---azad Penal Code (XLV of 1860), Ss. 298-a & 489-Y---Use of derogatory remarks, etc., in respect of holy personages---Bail, grant of---Further inquiry---allegation against the accused-petitioner was that he used derogatory remarks against holy personages---accused could claim bail in bailable offences as a matter of right and a Court could not decline the same---In the present case, the accused had been alleged the commission of the offences under Ss.298-a & 489-Y, azad Penal Code---Both the alleged offences were bailable, hence the accused was entitled to be enlarged on bail as a right---Both the Courts below failed to record orders in accordance with the principles governing the bail matters by wrongly rejecting the bail application---an unreported judgment of this Court rendered in Criminal Revision Petition No. 128/2025 dated 27.06.2025, titled Muhammad Shahbaz ali v. The State, was referred to the Courts below but both the Courts below did not honor the same rather violated the directions of this Court---In the said judgment, this Court had categorically issued directions to all the subordinate Courts in the manner that all subordinate Courts were to grant bail whether post or pre-arrest in all bailable offences as a matter of right---Since the offences in present case were bailable, thus bail application was allowed, in circumstances---High Court (aJ&K) also issued contempt of Court notices to both the judicial offices of courts below who had ignored directions of a judgment of High Court (aJ&K).

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