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Sardar Manshad Hassrat vs State S — 2026 PCrLJ 544 HIGH-COURT-AZAD-KASHMIR

Case information

Citation
2026 PCrLJ 544 HIGH-COURT-AZAD-KASHMIR
Year
2026
Reporter
PCRLJ
Parties
Sardar Manshad Hassrat vs State S
Subject matter
Criminal
Provisions referred to
S. 497---; S. 173; S. 322; S. 302; S. 161; 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

Sardar Manshad Hassrat VS State S. 497---azad Penal Code (XLV of 1860), Ss. 322 & 34---Qatl-bis-Sabab, common intention---Bail, grant of---Further inquiry-allegations against the accused petitioners was that due to their attack, one person lost his life---Perusal of record revealed that investigating agency after detailed investigation had submitted its report under S.173, Cr.P.C. in the offences under Ss.322 & 34, a.P.C. before the Trial Court---Offence under S.322, a.P.C., though was non-bailable, however, in all the offences where ultimate sentence of imprisonment has not been provided under the Statute, the bail may not be declined as the same would amount to a grave injustice because an accused person cannot be compensated for his said period of detention rather it tantamounts to awarding imprisonment before conviction which is not even provided in case of conviction, hence it further amounts to be a case of double jeopardy---It was alleged by complainant that from the contents of FIR, offence under S.302, aPC was 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 attracted and proved from the evidence produced by the prosecution at the conclusion of the trial but at a bail stage only the tentative assessment of contents of FIR, statements recorded under S.161, Cr.P.C. and evidence recorded in shape of material collected by the police has to be mused---Concession of bail cannot be declined for the reason that some other offence which is not mentioned in the challan is also attracted rather it is beyond the jurisdictional competence of the Court at bail stage---Bail petition was allowed, in circumstances.

Other judgments reported in 2026 PCRLJ

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