MUHAMMAD JUNAID UR REHMAN vs The STATE and another
This matter comes before the Lahore High Court through a petition filed by Muhammad Junaid-ur-Rehman seeking post-arrest bail in case FIR No. 47 dated 24.5.2019 registered under sections 11-EE(4), 11-F(2), 11-F(5), 11-F(6), 11-N, 11-H, and 11-W(2) of the Anti-Terrorism Act, 1997 at Police Station Counter Terrorism Department (CTD), Multan, on allegations of collecting funds for a proscribed organization, namely Lashkar-e-Jhangvi. The core legal question concerns whether the petitioner is entitled to post-arrest bail when no public witness or donor has been associated with the investigation to support the prosecution's allegations regarding fund collection. The court held that since no person from the public or vicinity came forward to confirm giving money for terrorism, the petitioner's guilt requires further inquiry under section 497(2) of the Code of Criminal Procedure, 1898, particularly as the charged offenses do not fall within the prohibitory clause. Consequently, the court allowed the petition and directed the release of the petitioner on post-arrest bail, laying down the principle that tentative assessment of material showing absence of supporting public witnesses in fund-collection cases under anti-terrorism laws can make a case fit for further probe under the prohibitory clause exception.
- Whether post-arrest bail should be granted when no public witnesses or donors are associated to support allegations of collecting funds for a proscribed organization?
- Do offenses under sections 11-EE and 11-F of the Anti-Terrorism Act, 1997 fall within the prohibitory clause of section 497, Cr.P.C.?
- When does an accused's guilt attract the provisions of further probe under section 497(2) of the Code of Criminal Procedure, 1898 in terrorism-related financial cases?
- Section 11-EE(4), Anti-Terrorism Act, 1997
- Section 11-F(2), Anti-Terrorism Act, 1997
- Section 11-F(5), Anti-Terrorism Act, 1997
- Section 11-F(6), Anti-Terrorism Act, 1997
- Section 11-N, Anti-Terrorism Act, 1997
- Section 11-H, Anti-Terrorism Act, 1997
- Section 11-W(2), Anti-Terrorism Act, 1997
- Section 497(2), Code of Criminal Procedure 1898
ORDER
Petitioner Muhammad Junaid-ur-Rehman son of Mehfoz-ur-Rehman Anwar moved this petition for the grant of post arrest bail in case FIR No.47 dated 24.5.2019 registered under sections 11-EE(4)/ 11-F(2) / 11-F(5) / 11-F(6) / 114 / 11-N / 11-H / 114/11-W(2) of Anti-T errorism Act, 1997 by Counter Terrorism Department (CTD),. Multan on the allegation of collecting funds from the people at large in the name of a proscribed organization, namely , Lashkar-e- Jhangvi'.
2. Arguments heard. Record perused.
3. As per allegation petitioner was issuing receipts to the people after receiving money in the name of defunct organization (Lashkar-e-Jhangvi' ) involving in terrorism activities but not a single person from public was associated with the investigation who could say that petitioner was collecting money in the name of said proscribed organization. Even not a single person from the vicinity who gave money to the petitioner came forward to support prosecution version. In this backdrop, it is yet to be determined by the trial court after recording evidence as to whether alleged money recovered from the petitioner was to be spent on terrorism or anti-State activities. In the circumstances guilt of the petitioner requires further probe and his case falls within the ambit of section 497(2), Cr.P.C. Moreover , the of fences with which the petitioner has been charged do not fall within the prohibitory clause.
4. For the reasons recorded above, we allow this petition. B Petitioner is directed to be released on bail subject to his furnishing bail bonds in the sum of Rs. 1,00,000/- with one surety in the like amount to the satisfaction of the trial court.
Cited by 1 case
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