Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Sindh Public Property (Removal of Encroachment) Act, (V of 1975)

Section: 7(1)

Law: Pakistan Penal Code, 1860

Section: 386,448

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.448/386---Sindh Public Property (Removal of Encroachment) Act (V of 1975), S.7(1)---House-trespass, extortion and encroachment---Bail, grant of---Further inquiry---Offences under S.448, P.P.C. and S.7(1) of Sindh Public Property (Removal of Encroachment) Act, 1975, did not fall within the prohibitory clause in terms of S.497(2), Cr. P. C. ---Delay of about more than one year and time, date or any independent eye-witness about the alleged offence had not been mentioned in the F.I.R.---Accused, as per admission of the complainant was in possession of the said plot for more than one year---Similarly ingredient of S.386, P. P. C. also appeared to be missing in view of allegation in the F.I.R., neither the time/date of the alleged offence under S.386, P.P.C. had been mentioned, nor it had been alleged that accused had issued threats or he had put the complainant in' fear of death or of grievous hurt for extortion of money---Case was of further inquiry and the ingredients of S.386, P.P.C. on the face of the contents of F.I.R. and the challan submitted in the Trial Court were clouded---Accused, in circumstances was entitled to grant of bail, which was granted to him. Mst. Daulan v. Sardara and 5 others 1995 SCMR 177; Tariq Bashir and 5 others v. The State PLD 1995 SC 34; Anjum Sheraz v. The State 1997 MLD 3045; Noor Muhammad and another v. Muhammad Tufail 2004 YLR 3330; Nooruddin and another v. The State 2005 MLD 1267 and Muhammad Nadeem v. The State 2007 MLD 926 ref. THIS ORDER PASSED BY: AQEEL AHMED ABBASI, J.- This bail application is filed against the order passed by the learned IVth Additional Sessions Judge, East at Karachi, in Sessions Case No.1015 of 2009, dated 29-5-2009 in F.I.R. No.373 of 2009 under sections 448/ 386, P.P.C. read with section 7(1) of the Sindh Public Property (Removal of Encroachment) (Amendment) Act, 2009 registered at Police Station Korangi Industrial Area, Karachi. The said bail application was dismissed on 29-5-2009 by the learned IVth Additional District Judge; East, Karachi. The brief facts as stated in the F.I.R. is as follows: "the complainant stated…

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