| Case ID |
257b43f0-78f6-4694-b290-33e9be0973c8 |
| Body |
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| Case Number |
Cr.Misc.BA No. 88-P/2016 |
| Decision Date |
Jan 28, 2016 |
| Hearing Date |
|
| Decision |
The petitioner Ahmad Ullah seeks bail in relation to FIR NO.1218 dated 30.12.2015, which involves serious allegations under the Khyber Pakhtunkhwa Arms Act and the Anti Terrorism Act. The court acknowledges the significant quantity of firearms recovered, but emphasizes the lack of concrete evidence linking the petitioner to terrorism or any terrorist organization. The ruling indicates that mere allegations, without substantial proof, are insufficient to deny bail. The decision concludes by allowing the petition for bail, contingent upon the petitioner providing adequate sureties. |
| Summary |
This case involves Ahmad Ullah, who was arrested under serious allegations related to trafficking firearms for terrorist purposes. The Peshawar High Court, presided by Justice ASSADULLAH KHAN CHAMMKANI, reviewed the evidence presented by the prosecution, which included the recovery of 100 pistols from the petitioner's vehicle. Despite the significant amount of firearms, the court found no direct evidence linking Ahmad Ullah to terrorist activities or organizations. The ruling highlighted that allegations alone are not enough to warrant denial of bail unless supported by tangible proof. Thus, the court ruled in favor of granting bail, emphasizing the legal principle that bail is a right unless exceptional circumstances exist. This case touches on critical aspects of criminal law, particularly the standards of evidence required in terrorism-related charges. Keywords: bail, terrorism, firearms trafficking, legal principles, Peshawar High Court. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ASSADULLAH KHAN CHAMMKANI, J
|
| Lawyers |
Not available
|
| Petitioners |
Ahmad Ullah
|
| Respondents |
State
|
| Citations |
2016 SLD 1386
|
| Other Citations |
Not available
|
| Laws Involved |
Khyber Pakhtunkhwa Arms Act, 2013,
Anti Terrorism Act, 1997
|
| Sections |
15,
17,
7
|