Case Details

Citation(s)
2018 SLG 3073 2018 SLD 3073 2018 YLR 66
Sindh High Court
Criminal Bail Application No. 1457 of 2016, decision Dated: 01-12-2016. hearing Dated: 09-11-2016.
KHADIM HUSSAIN M. SHAIKH, JUSTICE
Petitioner(s) by: Altaf Ahmed Shaikh
Respondent(s) by: Muntazir Mehdi, A.P.G. along with SIP M. Hashim Bullo and SIP Noor Khan, Arambagh Police Station, Saddar, South Karachi

SYED ASMAT ALI

VS

THE STATE

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 34,216-A,225,420,468,471

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 420, 468, 471, 225, 216-A & 34---Cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document, resistance or obstruction to lawful apprehension of another person, harbouring robbers or dacoits, common intention---Bail, refusal of---Accused allegedly produced his National Identity Card showing wrong address and got a convict released on bail in a deceitful manner and after the release of the convict he never attended the court and absconded---Sufficient material was available against the accused to connect him with the offence; there was hardly question of false implication of the accused in the subject FIR---Accused was arrested after more than a decade---Execution of coercive process repeatedly issued against the accused and the absconding convict were evaded for such a long period---Accused of an offence which did not fall within the prohibitory clause of S.497, Cr.P.C. could not claim concession of bail as a matter of right and the court in such like case could decline bail to accused---Accused who was involved in a case like the present one with allegation of helping the convict prisoner in escaping from the custody in deceitful manner and hampering the court proceedings could not be encouraged by granting bail on the ground that the case did not fall within the prohibitory clause of S. 497, Cr.P.C.---Bail was refused accordingly. Afzaal Ahmed v. The State 2003 SCMR 573 rel. THIS ORDER PASSED BY: KHADIM HUSSAIN M. SHAIKH, J.--- Through this application, applicant Syed Asmat Ali has sought his release on bail in case culminated from FIR No.452/2016 for offence under sections 420, 468, 471, 225, 216-A, 34, P.P.C. of Police Station Preedy, Karachi (South), after his bail plea has been declined by the learned IX-Additional Sessions Judge, Karachi (South) by dismissing his bail application bearing No.1493 of 2016 vide order dated 01.10.2016. 2. Briefly the facts of the case are that the subject FIR was lodged on receiving the order from an officer of High Court of Sindh, alleging therein that on 07.05.2005,…
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