| Citation(s) |
|---|
| 2010 SLG 1304 2010 SLD 1304 2010 MLD 1706 |
Peshawar High Court
Bail Application No. 1277 of 2009, decision & hearing Dated: 18-09-2009.
MAROOF KHAN, JUSTICE
Petitioner(s) by: Syed Sardar Hussain
Respondent(s) by: Waqar Ali D.A.G.
Bail Application No. 1277 of 2009, decision & hearing Dated: 18-09-2009.
MAROOF KHAN, JUSTICE
Petitioner(s) by: Syed Sardar Hussain
Respondent(s) by: Waqar Ali D.A.G.
MULTAN KHAN
VS
RIAZ DIN, INSPECTOR/SHO DUAABA POLICE STATION, HANGU AND ANOTHER
Law: Criminal Procedure Code (V of 1898)
Section: 497(2)
Law: West Pakistan Arms Ordinance (XX of 1965)
Section: 13
Law: Anti Terrorism Act, 1997
Section: 7
Law: Pakistan Penal Code, 1860
Section: 34,324,353
Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.324/353/34---West Pakistan Arms Ordinance (XX of 1965), S.13---Anti-Terrorism Act (XXVII of 1997), S.7---Attempt to commit qatl-e-amd, assault, possessing arms and act of terrorism---Bail, grant of---Further inquiry---Nothing was on record to suggest that as a result of alleged firing of accused any one of the police officials had sustained any injury---Question as to whether accused had opened fire at the police party was a matter requiring further inquiry, because none of the police officials was alleged to have sustained any injury as a result of his firing---In fact accused had received fire-arm injury as a result of firing of the police party---Role assigned to accused was that of ineffective firing---Recovery of kalashnikov from possession of accused made the offence punishable under S.13 of West Pakistan Arms Ordinance, 1965, which was bailable---Bail was granted. THIS JUDGMENT DELIVERED BY: SAID MAROOF KHAN, J.--- The petitioner Multan Khan is accused of a case under sections 324/353/34, P.P.C. read with section 7 ATA and under section 13 Arms Ordinance vide F.I.R. No.178 dated 18-5-2009 registered at Police Station Doaba District Hangu. He has filed the instant petition for post arrest bail on the ground that the evidence on record is not connecting him with the commission of offence and he has been falsely involved in the case. 2. The learned counsel appearing on behalf of the State resisted the bail petition contending that the petitioner along with his co-accused had fired at the police…
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