WAQAS AHMED alias TIGER Versus State

ORDER

ALI BAIG, J .---This petition under section 497, Cr.P.C. has been filed by the petitioner/accused namely Waqas Ahmed alias Tiger for grant of post arrest bail in case FIR No.52/2020 dated 21.05.2020 registered under sections 285, 290, 188, P.P.C. and 11 EE, ATA, 1997 at Police Station City, Gilgit at the behest of one Syed Ashiq Hussain SIP, the complainant.

2. Succinctly prosecution story as disclosed in the FIR is that name of the present petitioner/accused was placed in Schedule-IV of Anti-Terrorism Act 1997 and police were monitoring him. On 21.05.2020 at 18:30 hours, the petitioner/ accused opened aerial firing near AGPR Office Konodas, Gilgit and escaped from the place of occurrence.

3. The learned counsel appearing on behalf of the petitioner/accused contended that the petitioner/ accused is innocent and police have falsely implicated the petitioner/accused in this case with mala fide intention to humiliate the petitioner/ accused in the society. The learned counsel for the petitioner/ accused further argued that all sections reflected in FIR are bailable; therefore, the petitioner/ accused is entitled for concession of bail.

5. On the other hand the learned Dy. Advocate General vehemently opposed this petition by contending that the petitioner/accused is directly nominated in the promptly lodged FIR with specific role. The learned Dy. Advocate General further argued that weapon of offence has been recovered from the possession of the present petitioner/accused; therefore, the petitioner/accused is not entitled for concession of bail.

6. I have given my anxious consideration to the arguments advanced by the learned counsel for the parties and perused the record with their able assistance.

7. Admittedly, sections 188, 285, 290, P.P.C. are bailable. As far as section 11-EE of ATA, 1997 is concerned, this section was meant for proscribed organization or members of proscribed organization, but prima facie, the petitioner/accused is not a member of Proscribed Organization. However, the learned trial court will thrush out during trial that whether the petitioner is a member of Proscribed Organization or not, thus the case of the petitioner/ accused is one of further inquiry under section 497(2), Cr.P.C. and petitioner/ accused is entitled for concession of bail. Even perusal of provisions of section 21-D(2) of ATA, 1997, it shows that section 11-EE, ATA is also bailable.

8. Result of above discussion is that, this petition is allowed and the petitioner/accused is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs.500,000/- (Five lacs) with two sureties each in the like amount to the satisfaction of the learned trial court or any Judicial Magistrate at Gilgit. File.

SA/115/GB Bail granted