| Citation(s) |
|---|
| 2001 SLG 1278 2001 SLD 1278 2001 PCRLJ 1937 |
Peshawar High Court
Criminal Miscellaneous Application No.612 of 2001, decided on 12th July, 2001.
MRS. KHALIDA RACHID AND NASIRUL MULK, JJ
Nek Nawaz Khan for Petitioners. Jamil Qamar for the State.
Criminal Miscellaneous Application No.612 of 2001, decided on 12th July, 2001.
MRS. KHALIDA RACHID AND NASIRUL MULK, JJ
Nek Nawaz Khan for Petitioners. Jamil Qamar for the State.
Syed MUNIR SHAH alias PATTU PIR and anothers
VS
THE STATE --Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Penal Code (XLV of 1860)
Section: 302/324/353/34
Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979
Section: 17(3)
Law: West Pakistan Arms Ordinance, (XX of 1965)
Section: 13
Law: Explosive Substances Act, 1908
Section: 5
Criminal Procedure Code (V of 1898) S. 497 Penal Code (XLV of 1860), Ss.302/324/353/34 Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(3) West Pakistan Arms Ordinance (XX of 1965), S.13 Explosive Substances Act (XI of 1908), S.5 Bail, grant of Three persons were alleged to have robbed 25/30 passenger buses, each carrying number of passengers during day time Neither any driver of the said buses nor the passenger thereof was brought as witness Site plan had shown that some 25/30 vehicles were circled around by three persons who were holding the vehicle and hundred of passengers on gun points Such occurrence could be a scene of action movie rather of fact of life and reality Case being that of further inquiry, accused were granted bail. Nek Nawaz Khan for Petitioners. Jamil Qamar for the State. hearing date: 12th July, 2001. JUDGMENT MRS. KHALIDA RACHID, J.The facts leading to the filing of the instant bail application moved by Syed Munir Shah alias.Pattu Pir and another are that on 24 4 2001, the police party headed by Atiqullah Khan,, D.S.P. Circle, Syed Badshah Khan, Inspector, S.H.O. Police Station Saddar, Lal Farid Khan, S.H.O. Police Station, City, Qaiser Khan, A.S. I. and others of Police Station Cantt. were proceeding to raid a place of proclaimed offenders when at Malang Abad, they were informed by a driver of a pick up that some armed persons were busy in looting the buses. They immediately arrived at the spot of occurrence and noticed that 25/30 buses were being held for the purpose of looting. Jehangir Khan alias Khanay (deceased), Munir Shah and Taimoor Shah (petitioners herein) were standing and holding the buses on gun point. The accused were ordered to surrender, instead they started firing. In return, police also fired in the air. As a result of firing, Jehangir Khan died and Syed Munir Shah got injured. However, from the possession of the accused, the following arms and ammunition were recovered: Rifle G 3 bore No.584220 USA with bandolier; 2 spare chargers and 42 rounds G 3 bore, two hand grenades from the possession of Jehangir Khan (deceased), Kalashnikov No.380095 with…
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