' Muhammad Mashal accused-petitioner, facing prosecution in case F.I.R. No,252, dated 20-3-1999 under sections 419/420/468/471, 188 and 295-B, P.P.C., Police Station,. Mingora, District Swat, was refused bail by the homed Aala Illaqa Qazi/Senior Civil Judge vide his order, dated 27-3-1999. His prayer for bail was also' turned down by the learned Zila Qazi/Sessions Judge,, Swat vide his order, dated 3-4-1999. Hence he has come to this Court for the same relief.
2. Learned counsel for the accused-petitioner contended that the accused-petitioner has been, falsely applicator in the case at the instance interested', person against whom he her personal grudges; that he being Muslim ad believer, cannot 'think about the disrespect to the Holy Bookk that he is serving the people by issuing (Taweez' to them in good faith; that his co-accused have already been released on bail and being an old and aged person, he is also entitled to the concession of bail.
3. The bail defilation w is opposed by the learned State counsel.
4. Record showy* at the' accused-petitioner was running a business of ..7./ C.4:4) in a hired building consisting of five rooms and was black-mailing the innocent people due to their weak faith and, thus, plundering the money from them. In his nefarious business which appears to be quite lucrative, one, as he could afford to hire a storey in a building comprising of 5 rooms along with bath-rooms which contained two telephones, inter-corn and many other items, he used to wilfully defile, damage, desecrate the Holy Qur'an and extract from and was keeping them in gunny bags in a very derogatory manner f, his unlawful purpose. The pages of the Holy Book and 'Taweez' were recovered from the gunny bags which were kept insolently. The punishment of the offence under section 295-B is life imprisonment, therefore, the case of the accused-petitioner is hit by the prohibitory clause of section 497, Cr.P.C. Since there are reasonable grounds to believe that the accused-petitioner is guilty of the offence charged with, therefore, he is not entitled to concession of bail.
' Consequently this bail application is dismissed.