| Citation(s) |
|---|
| 2014 SLG 2468 2014 SLD 2468 2014 PCRLJ 983 |
Islamabad High Court
Criminal Miscellaneous Nos. 744-B, 764-B of 2013 and Criminal Miscellaneous No. 4-B of 2014, decided on 29th January, 2014
NOOR-UL-HAQ N. QURESHI AND RIAZ AHMAD KHAN, JJ
Sher Afzal Khan, Ajmal Khan Khattak and Wajid Hussain for Petitioners in their respective petitions. Abdul Sattar Baig, SI/Accused in person. Sheikh Muhammad Yaqoob, DAG along with Qaiser Masood, Deputy Director (Law), FIA
Criminal Miscellaneous Nos. 744-B, 764-B of 2013 and Criminal Miscellaneous No. 4-B of 2014, decided on 29th January, 2014
NOOR-UL-HAQ N. QURESHI AND RIAZ AHMAD KHAN, JJ
Sher Afzal Khan, Ajmal Khan Khattak and Wajid Hussain for Petitioners in their respective petitions. Abdul Sattar Baig, SI/Accused in person. Sheikh Muhammad Yaqoob, DAG along with Qaiser Masood, Deputy Director (Law), FIA
ABDUL SATTAR BAIG and others
VS
The STATE and others
Law:
Section:
(a) Pakistan Criminal Law Amendment Act (XL of 1958)------Ss. 2(c), 3, 4, 5, Sched. 6 & 11(2)---Prevention of Corruption Act (II of 1947), S.5---Criminal misconduct by public servant---Scheduled offence---Jurisdiction of Special Judge---Scheduled offence specified in Pakistan Criminal Law Amendment Act, 1958, could exclusively by triable by the Special Judge appointed under said Act---Normal offences could be charged and tried together with the Scheduled offences, exclusively triable by the Special Judge; whereas the ordinary court could not try the Scheduled offences coupled with normal offences---Attempt, abetment and conspiracy attached to Prevention of Corruption Act, 1947, or the scheduled offences, were also triable by the Special Court coupled with ordinary offences---Offences triable by Special Judge, would be deemed to be non-bailable---If simple imprisonment was provided by any law, same would be deemed to be punishable with imprisonment of either description---Any other person who acted jointly with the public servant, if committed a Scheduled offence with abetting or attempting to abet or acting in conspiracy with public servant, he would also be tried by the Special Judge as defined in the Schedule of Pakistan Criminal Law Amendment Act, 1958. Muhammad Azhar Siddiqui and others v. Federation of Pakistan and others PLD 2012 SC 774; Habib Ullah v. Capital City Police Officer, Lahore and 3 others 2011 PCr.LJ 1826; Mst. Raheema v. The State 2003 YLR 1930 and Haji Muhammad Abbas and others v. the State 1996 SCMR 530 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss.395, 411, 420, 468, 471, 409, 170 & 171---Pakistan Arms Ordinance (XX of 1965), S.13---Control of Narcotic Substances Act (XXV of 1997), S.9(a)---Dacoity, dishonestly receiving stolen property, cheating, forgery for purpose of cheating, using as genuine a forged document, criminal breach of trust by public servant, personating a public servant, wearing garb or carrying token used by public servant with fraudulent intent, possessing unlicensed arms, possessing and trafficking narcotics---Pre-arrest bail, refusal of---Accused after obtaining ad…
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