' MAHMOOD AHMAD BHATTI, J. --- Javed Ahmad, the petitioner seeks the grant of post-arrest bail in case F.I R. No, 31/2015, dated 15.01.2015 registered under Section 295-A, P.P.C. Read with Section 16 of the W.P. Maintenance of Public Order Ordinance, 1960 at Police Station Rukkanpur, District Rahimyarkhan.
2. The allegation against the petitioner is that he was distributing a booklet entitled 'rahzan ki shanakhat' containing material, which was offensive to the feelings of the Shia sect. Denunciations of Shias were made and they were even declared a minority in the booklet. The petitioner is also alleged to be collecting contributions/chanda for waging war in the name of 'Jihad'. A receipt book was allegedly' recovered from him. Allegedly, the petitioner was disseminating material which had the potential to create hatred and unrest amongst various sects of the Muslims, bringing his case within the mischief of Section 16 of the Maintenance of Public Order Ordinance, 1960 as well.
3. Arguments heard. Record perused.
4. From a bare perusal of the F.I.R., no offence either under Section 295-A, P.P.C. Or Section 16 of the W.P. Maintenance of Public Order Ordinance, 1960 is made out. There is no allegation against the petitioner that he was either the author or printer or publisher of the booklet in question. It is not alleged in the body of the F.I.R. That he was either making a speech or uttering any words which outraged the religious feelings of any class of the citizens of Pakistan. Even there is no allegation that the petitioner had any knowledge about the material printed in the pamphlet/booklet alleged to have been recovered from him. It seems that Section 16 of the W.P. Maintenance of Public Order Ordinance, 1960 was added as a good measure. For the aforesaid reasons, prima facie the petitioner did not commit any crime to attract the offences with which he is charged.
5. For what has been stated above, there are sufficient grounds calling for further inquiry into the guilt of the petitioner within the purview of Section 497, Cr.P.C. Consequently, this petition is allowed, and the petitioner is admitted to post-arrest bail subject to his furnishing bail/surety bonds in the sum of Rs, 1,00,000/- (Rupees One Hundred Thousand only) with one surety in the like amount to the satisfaction of the learned Trial Court.
Bail after arrest granted. #EndJudgment