Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Anti Terrorism Act, 1997

Section: 6,7

Law: Pakistan Penal Code, 1860

Section: 148,149,161,365-A

Criminal Procedure Code (V of 1898) --------- ----------S.498 --------- Penal Code (XLV of 1860), Ss.365-A, 148 & 149 --------- Anti-Terrorism Act (XXVII of 1997), Ss.6 & 7 --------- Kidnapping for ransom and rioting with deadly weapons --------- Pre-arrest bail, refusal of --------- Plea raised by accused was that abductee had sworn in an affidavit whereby they had been exonerated from charges --------- Validity --------- Names of accused transpired in FIR and abductee had implicated them in his statement under S.161 Cr.P.C. --------- Affidavit of abductee at bail stage could not be regarded as evidence and could not be acted upon unless Trial Court was satisfied that it was true and reliable --------- Court had to be very careful while deciding bail application on the basis of affidavits --------- Entire material collected during investigation was to be assessed tentatively --------- Affidavit of abductee obtained by force was the aspect which had to be considered by Trial Court --------- Alleged offence carried capital punish-ment --------- Prima facie there were reasonable grounds for believing that accused had committed alleged offence --------- Bail before arrest was declined in circumstances. Rana Muhammad Arshad v. Muhammad Rafiq and another PLD 2009 SC 427 rel. THIS ORDER PASSED BY: NAIMATULLAH PHULPOTO, JUSTICE:---------- Applicants/accused Abdul Ghani and Nadir seek pre-arrest bail in Crime No. 14/2014 registered at Police Station Stuart Ganj, Shikarpur under sections 365-A, 148, 149, P.P.C. and under Section 6/7, Anti Terrorism Act, 1997. Previous bail before arrest application was moved before the trial Court, the same was rejected vide order dated 04.6.2014. 2. Brief facts of the prosecution case as disclosed in the FIR are that on 15.2.2014 SHO Police Station Stuart Ganj, Shikarpur lodged his report against the accused alleging therein that he received spy information that abductee Vicky Kumar has been kidnapped for ransom by applicants/accused and others. 3. Learned APG present in Court waives notice and stated that during investigation police conducted raid on 15.2.2014 and after encounter Vicky Kumar was recovered from the paddy…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492