Case Details

Citation(s)
2011 SLG 1207 2011 SLD 1207 2011 YLR 1465
Sindh High Court
Criminal Bail Application No. 98 of 2010, decision Dated: 02-03-2011.
GHULAM SARWAR KORAI, JUSTICE IMAM BUX BALOCH, JUSTICE
Petitioner(s) by: Aamir Mansoob Qureshi and Muhammad Shafiq
Respondent(s) by: Khadim Hussain D.P.G.

MUHAMMAD NAZIM RAO

VS

THE STATE

Law: Criminal Procedure Code (V of 1898)

Section: 22A,498,498A

Law: Pakistan Penal Code, 1860

Section: 220,342,365A

Criminal Procedure Code (V of 1898)--- ----Ss. 498 & 498-A---Penal Code (XLV of 1860), Ss.342/220 & 365-A---Wrongful confinement, kidnapping or abducting--Pre-arrest bail, confirmation of----Complainant appeared in person and submitted that he had compromised with accused outside the court and had settled the dispute; that he had no objection if interim pre-arrest bail already granted to accused be confirmed---Complainant was identified, through CNIC and he also filed his affidavit duly sworn before the Commissioner for taking oath along with statement duly presented before Assistant Registrar---Alleged offence though was punishable under S.365-A, P.P.C. and was not compoundable, but since accused had tried to settle his dispute with the complainant who had no objection for confirmation of the bail of accused, in the interest of justice, interim pre-arrest bail granted to accused earlier, was confirmed on the same terms and conditions. THIS ORDER PASSED BY: GHULAM SARWAR KORAI, J.- This pre-arrest bail Application has been moved on behalf applicant/accused Muhammad Nazim Rao to grant him bail. Brief facts of the case are that on 25-5-2009 complainant Mehral Ali lodged F.I.R stating therein that he had a jewelry shop situated at Baber Market Landhi. On 7-5-2009 at about 10-00 p.m. while his sons Abid Ali Shah and Sheraz Ali were returning to their house, were taken away by three armed persons from Muhammadan Ground Babar Market in a vehicle then he received a call on mobile from his sons that they are confined at Police Station Latifabad No.8 Hyderabad and are under the custody of applicant who was at that time S.H.O. of that police station. The complainant further alleged that he was asked by the present applicant to meet with him on 8-5-2009 at 11-00 a.m. When he reached there, the present applicant was present at police station along with other D.S.P whose name he does not know. The complainant enquired from him about his sons then the applicant allegedly demanded from an amount of Rs.1,200,000 for the release of his sons. This amount was lastly settled to 500 grams gold and he was asked by the present applicant to give the same to his person namely…
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