Muhammad Shahbaz Ali vs State S — 2025 PCrLJ 1794 HIGH-COURT-AZAD-KASHMIR

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

Muhammad Shahbaz Ali VS State S. 497---azad Penal Code (XLV of 1860), S. 298-a---Use of derogatory remarks, etc., in respect of holy personages---Bail, grant of---allegations against the petitioner-accused was that he used derogatory remarks, etc., in respect of holy personages---In bailable offences, bail could be claimed as a matter of right---Offence under Section 289-a, azad Penal Code, was bailable, hence the refusal of bail by the Courts below was not only unjustified but also a deviation from the statute as Courts were always expected to interpret law as it was and as it should be---It was commonly noticed that subordinate Courts while deciding bail application, deny the concession of bail merely by considering the consequences thereof and the public sentiments, whereas in such a situation it is the responsibility of the government to consider the public sentiments---Proper provision of law has to be added in order to enable the Courts to pass appropriate sentences to the culprits of such type of offences---Courts can not reject a bail application of a bailable offence by only considering the public sentiments---Sessions Court also travelled beyond the scope of the law governing bail matters as it wrongly held that offence under S.295-a azad Penal Code, was also attracted---No doubt, a Court can convict an accused person in any offence though not mentioned in the report submitted under S.173,Cr.P.C., if same is attracted and proved from the evidence produced by the prosecution at the conclusion of the trial, but bail cannot be denied in bailable offence on the ground that some other non-bailable offence is also attracted---Rather it is beyond the jurisdictional competence of the Court because a right of bail given by the statute cannot be snatched in both cases of post and pre-arrest bail---Bail petition was allowed, in circumstances.

Muhammad Shahbaz Ali vs State S — 2025 PCrLJ 1794 HIGH-COURT-AZAD-KASHMIR

Case information

Judgment text as reported

Other judgments reported in 2025 PCRLJ