| Citation(s) |
|---|
| 2016 SLG 2299 2016 SLD 2299 2016 PLD 32 |
High Court (AJ&K)
Revision Petition No. 196 of 2015, decided on 18th February, 2016 Date of decision: 18th February, 2016.
MUHAMMAD SHERAZ KIANI, JUSTICE
Ch. Muhammad Mumtaz for
Respondents.
Revision Petition No. 196 of 2015, decided on 18th February, 2016 Date of decision: 18th February, 2016.
MUHAMMAD SHERAZ KIANI, JUSTICE
Ch. Muhammad Mumtaz for
Respondents.
MUJAHID HUSSAIN NAQVI
VS
ANSAR MEHMOOD AWAN AND 2 others
Law:
Section:
(a) Criminal Procedure Code (V of 1898)--------- ----------Ss. 497(5) & 498---------Penal Code (XLV of 1860), Ss.147, 148, 149, 379, 382, 427, 447, 506, 509 & 511---------Rioting, rioting armed with deadly weapons; theft; theft of car or other vehicle; mischief causing damage to the amount of fifty rupees, criminal trespass; criminal intimidation; word, gesture or act with intent to insult the modesty of a woman; attempt to commit offences punishable with imprisonment for life or for shorter term---------Bail grant of---------Further inquiry---------False implication---------Court below confirmed the pre-arrest bail granted to the accused persons---------Prosecution evidence along with video recording of the occurrence appeared to have conflicting and contradictory situation---------Case of the accused required further inquiry for the reasons that nothing was available on the record to show that when the occurrence had been witnessed by the cited witnesses and in what manner the stolen property had been shifted from the place of occurrence; that important questions regarding motive, which was dispute of land, were yet to be decided by the civil court; that allegation that the accused was armed with pistol appeared to be doubtful from the statements of witnesses recorded under S.161, Cr.P.C.; that allegations of harassment were also doubtful; and that the accused had allegedly exploded crackers, but no empties of those crackers had been taken by the police from place of occurrence---------Possibility of false implication could not be ruled out in view of the overall circumstances of the case---------High Court maintained the impugned order of grant of bail---------Petition was dismissed accordingly. PLD 2009 SC 427; PLD 1983 SC 82; 2012 PCr.LJ 430; 1997 MLD 2926; 2013 PCr.LJ 1082; 2004 MLD 905; 2014 SCR 173; 2014 SCR 412 (sic); 1999 PLC (C.S.) 115 and 2003 YLR 410 distinguished. 2006 PCr.LJ 144; 2005 YLR 842; PLD 1999 Lah. 277; 2014 PCr.LJ 1512; 2014 SCR 916 and 2014 SCR 234 ref. Murad Khan's case PLD 1983 SC (PAK) 82; Hadyat Ullah Khan v. Khushi Muhammad and Siddique Ali PLD 1981 (Lah.) 599 and Zaffar Mehmood v. Muzaffar and another 2014 PCr.LJ 1512…
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