| Citation(s) |
|---|
| 2016 SLG 1938 2016 SLD 1938 2016 PHC |
Peshawar High Court
Cr.Misc (B A) No. 1371-P/2016, 04.7.2016
SYED AFSAR SHAH, J
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Cr.Misc (B A) No. 1371-P/2016, 04.7.2016
SYED AFSAR SHAH, J
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Farid Ullah
VS
The State
Law:
Section:
Keywords: Result: Bail Granted SYED AFSAR SHAH, J.- Through the instant petition, the petitioner seeks post arrest bail in case FIR No. 13 dated 20.1.2016 registered under sections 387/506 PPC/ 25 Telegraph Act/7-H ATA at Police Station, CTD, Peshawar. 2. Heard. The prosecution case as spelt out from the record is that Muhammad Naeem, the complainant, who was serving as Technician in Health Department, Khyber Pakhtunkhwa, received a call on his cell phone and an unknown person told him that something has been left at the exit door of his house, which he shall receive, however, he did not come out and it was in the morning that his children while going to School got hold of an envelope, which was handed over to him. In the said envelop, there were three letters addressed to him, a Contractor Faridullah and one Qasim. In the morning, he received a second call where ransom money amounting to Rs. Fifty lac was demanded from him. In pursuance of the enquiry, conducted by the Investigating Agency, accused-petitioner alongwith Ibrahim (since released on bail by the apex Court) were found involved, making the above calls to the complainant and it was in the backdrop that they were arrested. Both the petitioner and co-accused Ibrahim applied to this Court for their post arrest bail which was dismissed vide order dated 7.3.2016. Feeling dissatisfied with the order of this Court, co-accused Ibrahim filed a petition in the august Supreme Court, which was allowed by their lordship, vide order dated 21.4.2016. After the release of co-accused Ibrahim on bail, accused-petitioner filed post arrest bail petition in the learned lower Court on the ground that co-accused has been released on bail by the apex Court but with no premium to him and, now, he has come to this Court for his release on bail on the ground of rule of consistency. 3. The first question which falls for determination before me is as to whether repeating of bail application on the ground that co-accused has been released on bail by the apex Court (rule of consistency) is permissible? In the case of Ali Sheharyar vs. The State (2008 SCMR 1448) it was observed by their lordship that fresh bail application could be…
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