| Citation(s) |
|---|
| 2017 SLG 2599 2017 SLD 2599 2017 PCRLJ 397 |
Peshawar High Court
Cr. Misc. B. A. No. 3005-P of 2016 with Cr. M. Nos. 237 and 246-P of 2016, decided & hearing on 16-12-2016.
YAHYA AFRIDI, JUSTICE
Petitioner(s) by: Arshad Hussain Yousafzai
Respondent(s) by: Farhad Ali
Cr. Misc. B. A. No. 3005-P of 2016 with Cr. M. Nos. 237 and 246-P of 2016, decided & hearing on 16-12-2016.
YAHYA AFRIDI, JUSTICE
Petitioner(s) by: Arshad Hussain Yousafzai
Respondent(s) by: Farhad Ali
MOHSIN IHSAN
VS
THE STATE
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Prevention of Corruption Act, 1947
Section: 5(2)
Law: National Database and Registration Authority Ordinance, 2000
Section: 30
Law: Pakistan Penal Code, 1860
Section: 109,409,419,420,468,000
(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 409, 419, 420, 468, 471 & 109---Prevention of Corruption Act (II of 1947), S. 5(2)---National Database and Registration Authorities Ordinance (VIII of 2000), S.30---Foreigners Act (XXXI of 1946), S. 14---Criminal breach of trust by public servant, cheating by personation, cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document, abetment, concealing and refusing to furnish information which a person ought to disclose or furnish etc., contravention of provisions of law or any order made there under and corruption---Public servant committed or attempt to commit criminal misconduct---Bail, grant of---Further inquiry---Prosecution case against the accused was that accused along with co-accused, illegally processed Computerized National Identity Card of non-nationals by introducing them as family members of Pakistan citizens---Offences with which accused was charged, did not fall within the prohibitory clause of S. 497, Cr.P.C.---Record showed that investigation was not complete and required further time---Attending circumstances suggested that criminal culpability and role of the accused would be adjudged at the time of trial---Accused was allowed bail in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Principle---Observations made in bail granting order were tentative in nature and Trial Court would not consider such observations while deciding case on merit. Shuaib Mehmood Butt v. Iftekharul Haq 1996 SCMR 1854 rel. THIS JUDGMENT DELIVERED BY: YAHYA AFRIDI, J.--- Mohsin Ihsan son of Ihsan-ud -Din, petitioner, seeks his post arrest bail in case FIR No.136, dated 25.02.2015 for offence chargeable under sections 409/419/ 420/468/471/109 of Pakistan Penal Code, 1860 ("P.P.C."), read with section 5(2), Prevention of Corruption Act, 1947 ("Act"), 30 NADRA Ordinance, registered in Police Station FIA/ACC, Peshawar ("FIR"). The petitioner has also filed Cr. M. No.237-P/2016 wherein he is seeking insertion of section 14 of Foreigners Act, 1946 ("F. Act") in the instant bail petition. The…
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