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Manzoom Hussain vs State S — 2025 YLR 2444 Gilgit-Baltistan Chief Court

Case information

Citation
2025 YLR 2444 Gilgit-Baltistan Chief Court
Year
2025
Reporter
YLR
Parties
Manzoom Hussain vs State S
Subject matter
Criminal
Provisions referred to
S. 497---B; S. 497; S. 392; Penal Code (XLV of 1860)

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

Manzoom Hussain VS State S. 497---Bail---Observations of the Court---Scope---Observations made in the bail order are tentative in nature and should not have any bearing upon the pending (trial) proceedings. Citation Name: 2025 YLR 2444 Gilgit-Baltistan Chief CourtBookmark this Case Manzoom Hussain VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 392, 353, 506(ii), 337-A, 182 & 147---Robbery, assault or criminal force used to deter a public servant from performing their duty, criminal intimidation, shajjah, giving false information to a public servant with the intent to cause them to use their lawful power to the injury or annoyance of another person, rioting---Bail, grant of---Further inquiry---Allegations against the accused-petitioner were that he and his co-accused assaulted Government officials and prevented them from performing their official duties---First Information Report was logged after delay of eight hours without any plausible explanation, wherein the present accused-petitioner was not directly nominated in the FIR---None of the nominated accused in the FIR along with other 35 persons either had been arrested or investigated by the police in the instant case---Prosecutor when confronted with this fact, failed to satisfy the Court why the police had arrested the present accused despite the fact that his name was not reflected in the FIR---Conduct of Investigating Officer in the investigation of present case reflected mala fide with the present accused, which made the case of the prosecution as one of further inquiry---All the other offences except S.392, P.P.C, were bailable and S.392 in the instant case was not attracted to the extent of present accused/petitioner---No recovery had been made from the accused during investigation by the police---Investigation of case was complete---Accused was behind the bar since his arrest and was not required for any further investigation and there was no chance of tempering by petitioner with the prosecution evidence if he was released on bail---As such no useful purpose would be served by keeping the petitioner behind the bars for an indefinite period because so far the prosecution had failed to submit the complete challan before the Trial Court---Bail petition was allowed, in circumstances.

Other judgments reported in 2025 YLR

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