Case Details

Citation(s)
2016 SLG 1575 2016 SLD 1575 2016 PLJ 251
Peshawar High Court
Crl. M. (B.A.) No. 1619-P of 2015, decided on 12.10.2015. Date of hearing: 12.10.2015.
QAISER RASHID KHAN, J.
Syed Akbar Ali Shah, Advocate for Petitioner. Mr. Mujahid Ali Khan, AAG for State. Mr. Afroz Ahmad, Advocate for Complainant.

ABDUR REHMAN

VS

STATE and another--Respondents

Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), S. 387--Anti-Terrorism Act, 1997, S. 7--Bail, refusal of--Received threatening calls on his cell phone--Demanded huge amount--Prima facie--Disentitle to concession of bail--Such phenomenon of giving threatening calls to ordinary but affluent people and demanding huge amounts from them has attained a menacing proportion and thereby perpetrators of such crimes had made lives of ordinary people miserable by giving them sleepless nights and that in a way has become a lucrative business for such faceless people--Taking a tentative assessment of available record, accused was prima facielinked with commission of offence which was not only heinous but was also against society at large dis-entitling him to concession of bail. JUDGMENT The accused-petitioner, Abdur Rahman, seeks bail in case FIR No. 70 dated 14.7.2015 under Sections 387, PPC/ 7 ATA, Police Station CTD, Peshawar after being declined the said relief by the learned Judge Anti-Terrorism Court-III Peshawar on 5.9.2015. 2. Facts in brief leading to the instant petition are that the complainant made a written application to the local police stating therein to have received threatening calls on his Cell Phone No. 0333-9141385 from Mobile Nos. 0335-8377791 and 0331-8153412 by posing themselves to be members of Tehreek-e-Taliban Bara and had demanded a huge amount, hence the FIR ibid. 3. Learned counsel for the accused-petitioner contended that no mobile call was ever made to the complainant by the accused-petitioner demanding any amount and that none of the two mobile numbers i.e. 0335-8377791 and 0331-8153412 belong to him nor the same had ever remained in his use. His next contention was that the accused-petitioner has been involved on the mere statement of his co-accused who happens to be his cousin and from whom various SIM numbers and mobile sets were recovered and that the case of the accused-petitioner being one of no evidence, therefore, he is entitled to bail. He lastly contended that the complainant present before the Court does not charge the accused-petitioner for the alleged threatening calls and thus on this…
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