Acts of terrorism

2017 PCrLJN 213 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 497Penal Code (XLV of 1860), Ss. 302, 324 & 34Anti-Terrorism Act (XXVII of 1997), S. 7Qatl-i-amd; attempt to commit qatl-i-amd; common intentionActs of terrorismBail, grant ofSerious/heinous nature of offenceEffectPrinciples

Crime in question was very serious and heinuous in nature, whereby three persons had been murdered in cold blood and numerous others wounded allegedly on sectarian grounds, and the case was at the initial stage

Notwithstanding the heinous nature of the offence, for grant of bail, the Court must apply the relevant law as set out in S. 497, Cr.P.C.

Court must satisfy itself on basis of the available record that reasonable grounds existed to connect the accused with the commission of the offence

Court could not keep the accused in custody simply because the crime was heinous, no matter how disgusted the Court might feel by the same

Under the facts and circumstances of present case, neither the delay of five hours was inordinate, nor the fact that no independent persons had been made Mashirs was of much significance

Accused was not nominated in the FIR

No recovery had been effected from the accused after his arrest

No motive/enmity had been shown for commission of the offence

No identification parade had been carried out

No one had identified the accused

Nothing was produced to show that the accused was habitual offender or had been convicted for heinous or other crimes in the past

Only evidence against the accused was the statement of the co-accused recorded before the police, which had no evidentiary value during the trial

Accused had been in custody for about nine months, and trial of the case had not started yet, without any fault on part of the accused

Bail application was allowed accordingly.

2014 PLD 383 SUPREME-COURT Judicial Precedent

S. 345Anti-Terrorism Act (XXVII of 1997), S.7Acts of terrorismDeath sentence, award ofCompounding of offence under S.7 of Anti-Terrorism Act, 1997ScopeCompromise between convict and legal heirs of deceasedEffect

Death sentence under S.7 of Anti-Terrorism Act, 1997 had its own implications and was not compoundable under Ss.354(5) & (7), Cr.P.C

Illustration.

2014 PLD 383 SUPREME-COURT Judicial Precedent

S. 7Acts of terrorismScopeMurder of police official while on duty without personal enmity

Such murder amounted to create terror and insecurity in the vicinity and would fall under S.7 of Anti-Terrorism Act, 1997

Illustration.