Petitioner seeks post-arrest bail in case F.I.R. No. 179, dated 14.7.2008 under Sections 324, 353, 341, 148, 149, 186, P.P.C. Read with Section 7, A.T.A. Police Station Ahmadpur Lamma.
2. We have considered the respective arguments of learned counsel for the parties and have also gone through the available record with their assistance.
3. Although the petitioner is nominated in the F.I.R. Yet there is no specific role attributed to him and even according to the F.I.R. He was among the men who were lodging protest. In these peculiar circumstances, the question whether Section 7 of the Anti-Terrorism Act would be attracted or not is a question which sufficiently makes the case against the petitioner one that of further inquiry.
Apart from that co-accused of the petitioner with similar role namely Tariq, Riaz and Niaz have already been released on bail by the learned Trial Court. The petitioner is behind the bars without any substantial progress in the conclusion of the trial. His further incarceration in jail for an indefinite period would also serve no useful purpose, especially when nothing is to be recovered from him and keeping him behind the bars would amount to punishing him before the trial which is not the mandate of law. Resultantly, this bail application is allowed and petitioner is directed to be- released on bail subject to his furnishing bail bond in the sum of Rs. 50,000/- with, one surety in the like amount to the satisfaction of learned Trial Court.
4. Needless to add that whatever has been observed above is purely tentative assessment and shall not influence the learned Trial Court final giving its final verdict.