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Criminal Miscellaneous No. 1774/B of 1977, decided on 30th May 1977.
---S. 498 read with Defence of Pakistan Rules, 1972, rr. 49 & 210 --Bail-Jurisdiction-High Court not competent to grant bail for offences under r. 49 of Rules-Special Court, held, appropriate forum for moving bail petition.
---S.498-Some members of procession uttering slogans against Government, throwing handgrenades at police party and also opening fire resulting in injuries to a constable-Petitioners not specifically mentioned as responsible for throwing handgrenades or firing--- Petitioners allowed bail, in circumstance.
Irshad Ahmad Qureshi for Petitioner.
Mian Muzaffar Ahmad, Special P. P. for the State.
The Investigating Officer has not produced the record.
2. Heard. This Court is not competent to dispose of bail petition so, far as offence under rule 49, D. P. R. is concerned. The petitioners, if so advised, can move bail petition before Special Tribunal for offence under rule 49, D. P. R.
3. This Court is competent to dispose of bail petition in respect of offences under P. P. C. and Explosive Substances Act.
4. I have been taken through the F. I. R. of this case. According to the prosecution version, some members of the procession uttered slogans against the Government and had thrown handgrenades at the police part and also opened fire resulting in injuries to one constable. The police party also returned the fire with the result that one person named Bashi Ahmad fell injured and apprehended at the spot. Another person who received injuries was taken away by the other members of the procession. The allegations against the petitioners are general in nature. It has no been specifically mentioned that they were the persons who had thrown handgrenades at the police party or had opened fire at the police party. Keeping in view the allegations, I admit the petitioners to bail in the sum of Rs. 5,000 with one surety each in the like amount to the satisfaction of D. R. (Judicial).
Petition accepted.
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