2017 PLP 227 (YLRN)

MALIK HAQ NAWAZ, J

The accused/respondents were booked for the above offences vide FIR No. 1/2016 under sections 337-A/324/ 506(2)/ 147/ 149/ 145/ 109, P.P.C. and sections 6/7 of ATA-1997 registered at Police Station Sassi, Haramosh.

2. The precise allegations as contained in the FIR are that the complainant, who was posted as SHO at Police Station Sassi Haramosh received a spy information that the residents of Jalalabad are marching towards Maqpoon Das. On receipt of this information the complainant reached there and found that about 200 persons were assembled there and they were being led by Shahbaz Ali, Advocate son of Abdullah, Pakhtoon Wali son of Akbar, Amir Hayat son of Mateen, Faiz Ali son of Said Ali resident of Hanochal, Abdur Rahman son of Abdul Hakeem, Akhon Abbas son of Ghulam, Ain Ali Shah son of Ghulam Hassain, Mussa son of Rehmat Khan, Sabir Hussain son of Ghulam Ali , Sadiq Shah son of Rehan, Mussa son of Rehmat Khan resident of Shota Haramosh. The complainant noticed that the rival group of Jalalabad consisting of about 250 persons was present there and this mob was leaded by Shah Raees Khan son of Hatam Tai, Anwar son of Tota, Maqsood Ahmad son of Haji Abdul Jalal, Hazrat Tai son of Abdul Jaleel, Said ur Rahman son of Joras Khan resident of Chamogarah, Mehboob Hussain son of Jamal Khan, Aadil Hussain son of Rasool, Haider Ali son of Noor Muhammad, Murtaza son of Abdar, Fida Ali son of Awn Ali, Safar Ali son of Sabz Ali resendent of Jalalabad. The participants of both the sides were fully charged and the participants were raising slogans besides using filthy language against each other. In the meanwhile indiscriminate firing started and as a result of indiscriminate firing Abdur Rehman, Mehboob Hussain and Maqsood Ahmad got injured. The respondents were arrested and after completion of investigation, they were committed to judicial lockup.

3. The respondents filed a bail application before the learned Judge Anti Terrorism Court Gilgit who allowed the same on the basis of compromise vide order dated 22.02.2016.

4. The State being aggrieved from the said order has challenged the same under section 497(5), Cr.P.C.

5. The learned Dy.A.G, submitted that the order of the learned trial Court is illegal and unwarranted as the offences registered under Anti Terrorism Act-1997 are not compoundable.

6. The learned counsel for the respondents submitted that almost all the offences are bailable, whereas provisions of sections 6/7 are prima facie not attracted. Further the learned counsel stated with vehemence that a valid compromise has been effected between the parties and in this regard the statements of both the parties as well as the Jirga members have been recorded, which are reflected and re-produced in the impugned order.

7. We heard both the parties at length and perused the record of the case with their able and valuable assistance.

8. One of the accused, as per contents of FIR, namely Shahbaz Ali, was allowed bail before arrest by the learned trial Court, which was later on confirmed. The State being aggrieved from the said order moved bail cancellation application before this Court, which was later on withdrawn by the learned Dy.A.G. When the learned Dy.A.G, confronted, he conceded the same and could not satisfy us and was unable to point out any illegality in the order, which may persuade us to exercise our discretion in favour of State under section 497(5), Cr.P.C.

9. Once again it is reiterated that once bail is granted by a Court of competent jurisdiction then very strong and exceptional grounds are required to withdraw the concession of bail. We saw no such extra ordinary and exceptional ground to upset the order of the learned trial Court.

10. The result of above discussion is that petition in hand is meritless which is hereby dismissed. WA/19/GB Application dismissed.