RASHEED AHMED KHAN ALIAS ABDUL RASHEED Versus THE STATE

ORDER

1. The applicant has been sent up under sections 295(c) and 298(c), P.P.C. on the allegation that he has inscribed the following verse on the door of his house.

2. Meaning thereby 'Is Allah not sufficient for His servant?'

3. The applicant had moved an, application. for bail before the learned Sessions Judge, Sanghar but the same was rejected on 23-4-1988.

4. Mr. Syed Ali Ahmed Tariq learned counsel appearing for the applicant has contended that quotation of Qura'nic verse does not indicate that any offence under either of the two provisions of law has been committed and, therefore, it is a case of further inquiry.

5. Mr. Syed Riaz Ahmed, learned counsel appearing for the State has opposed the grant of bail to the applicant on the ground that the applicant being a Quadiani, presumption is that he had used the above verse with mala fide intention. I have considered the contentions of the learned counsel, and have gone through the F.I.R. and order rejecting bail application.

6. As far as the verse in question as quoted from the Holy Qura n was concerned Mr. Syed Riaz Ahmed did not controvert its meaning as given by the learned counsel appearing for the applicant but according to him the presumption was against the applicant. I am afraid, I do not subscribe to the views of Mr. Syed Riaz Ahmed because it is a criminal case and the bail cannot be refused on mere presumption, and it is yet to be proved before the trial Court whether and in what sense the verse in question was written on the wall.

7. In view of the above discussion I am of the considered view that it is a case of further enquiry within the meaning of subsection (2) of section 497, Cr.P.C. I, therefore, direct that the applicant shall be released on bail on furnishing surety in the sum of Rs.50,000 and P.R. Bond in the like amount to the satisfaction of Sessions Judge, Sanghar.

8. However, if any tangible evidence is brought on record against the applicant during the trial the learned trial Judge will be at liberty to cancel his bail. .

9. S.A./R-49/K Bail granted.