EJAZ AHMAD CHAUDHARY vs State S — 2025 SCMR 1596 SUPREME-COURT

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EJAZ AHMAD CHAUDHARY VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 324, 395, 436, 427, 290, 291, 337-L(2), 109, 120-D, 121, 121-A, 131, 146, 153, 153-A, 153-B, 505, 148, 149 & 34---Anti-Terrorism Act (XXVII of 1997), S. 7---Constitution of Pakistan, Art. 185(3)---Attempt to commit qatl-i-amd, dacoity, mischief by fire and explosive substance, causing damage or loss of fifty rupees or more through mischief, public nuisance, hurt, abetment, criminal conspiracy, attempt to wage war, attempting to seduce a soldier, rioting, giving provocation with intent to cause riot, promoting enmity between different groups, public mischief, rioting armed with deadly weapons, unlawful assembly, common intention, act of terrorism---Post-arrest bail, grant of---Further inquiry---Petitioner was not nominated in FIR for the occurrence of 9th May 2023---Petitioner was implicated by the complainant in his supplementary statement on the basis of tweets/audio/video clips on social media---Admissibility, relevancy and evidentiary value of the supplementary statement of the complainant as well as the alleged tweets/audio/video clips on social media were yet to be determined at the trial which had not yet concluded despite lapse of almost two years---Thus, bail could not be withheld as mere punishment---Petitioner had been arrested for the allegation of hatching the criminal conspiracy for the occurrence of 9th May, 2023---Allegation was yet to be proved by the prosecution at trial---Prosecution had yet to explain the delay of three days in lodging FIR as well as delay of about one month by the complainant for making the supplementary statement---On the basis of tentative assessment of the material so far available on record, the case against the petitioner also fell within the ambit of further inquiry---Petitioner was also entitled for grant of bail on the rule of consistency as co-accused had already been granted bail by the Court for the same allegations in the same FIR---Petition was converted into appeal and same was accepted, in circumstances and accused was granted bail.

EJAZ AHMAD CHAUDHARY vs State S — 2025 SCMR 1596 SUPREME-COURT

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