Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302/34

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.302/34---Bail, grant of--¬Mother of deceased who had made statement in the Court that she had compounded the offence and had forgiven accused and also had waived the right of Qisas and Diyat, was not only legal heir of the deceased, but deceased had also left behind a widow and his children---Complainant who was brother of accused, though had filed an affidavit in favour of accused and prosecution witness who had also filed an affidavit to the effect that he had not witnessed the occurrence, but there were other eye¬witnesses also in the field---Deceased was real brother of accused and situation in which mother of deceased had filed an affidavit in favour of accused, was quite understandable---Complainant was also the brother of deceased as well as of accused---Accused was alleged to have fired the fatal shot at deceased---No justification for grant of bail to accused, existed, bail application was dismissed. JUDGMENT Abdul Hamid Khan petitioner, Ex-Excise and Taxation Officer, D.I. Khan was arrested on 18-4-2001 under section 9 read with section 10 of NAB Ordinance and a reference was filed against him in the Accountability Court No.1, Peshawar which matter is still under trial. During confinement of the petitioner in the aforesaid NAB reference a case vide F.I.R No.5 was registered by the Anti-Corruption Establishment, D.I. Khan on 4-5-2002 under sections 419/420/468/471, P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947. The allegations were that vehicle bearing Registration No.DNB-3135 was allotted new No.TK-278 on the application of the owner, the petitioner had a hand in the affair and he did so in collaboration with co-accused Attaullah, for monetary gains. 2. The petitioner moved an application in the Court of learned Special Judge Anti-Corruption, N.-W.F.P., Peshawar for grant of bail which was rejected through order, dated 18-1-2003. The petitioner has approached this Court with the similar prayer. 3. Qazi Muhammad Anwar, Advocate for the petitioner while arguing in support of the bail application vehemently contended that prosecution has brought no…

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