Muhammad Jameel Khan vs Saghir Hussain — 2026 MLD 287 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation: 2026 MLD 287 SUPREME-COURT-AZAD-KASHMIR
Court: Supreme Court of Pakistan
Year: 2026
Reporter: MLD
Parties: Muhammad Jameel Khan vs Saghir Hussain
Subject matter: Criminal
Provisions referred to: S. 17; S. 15---

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

Muhammad Jameel Khan VS Saghir Hussain. Ss. 324, 341, 337-D, 337-F(iii) & 34---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(2)---arms act (XX of 1965), S.15---azad Jammu and Kashmir Interim Constitution act (VIII of 1974), art. 42---appeal---attempt to commit qatl-i-amd, wrongful restraint, causing jaifah, ghayr-jaifah-mutalahimah, common intention, harabbah, possession of unlicensed weapon---accused/respondent was arrested in the said offences---accused/respondent submitted bail application before the Court, which was dismissed---accused/respondent filed revision petition against the said order before the High Court, which was allowed and he was admitted to bail---Validity---In the present case, it appeared from the record that the accused-respondent was not nominated in the FIR, rather his arrest was solely based on the disclosure of the principal accused, who was alleged to have fired the shot---at this stage, there was no independent or corroborative material to prima facie establish his presence or active participation at the scene of occurrence---allegation of association with principal accused remained unsubstantiated and fell within the realm of further inquiry---appellant had not demonstrated any legal infirmity or perversity in the impugned bail granting order of the High Court to justify interference---Prosecution shall be at liberty to approach the competent forum for cancellation of bail, if any fresh material surfaced during the trial---appeal was disposed of, accordingly.

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