| Citation(s) |
|---|
| 2017 SLG 2534 2017 SLD 2534 2017 YLR 2354 |
Peshawar High Court
Cr.M.B.A. No. 571-M of 2016, decision & hearing Dated: 19-1-2017.
MOHAMMAD IBRAHIM KHAN, JUSTICE
Hazrat Rehman for Petitioner. Barrister Asad Hameed-ur-Rehman, State Counsel for
Respondent.
Cr.M.B.A. No. 571-M of 2016, decision & hearing Dated: 19-1-2017.
MOHAMMAD IBRAHIM KHAN, JUSTICE
Hazrat Rehman for Petitioner. Barrister Asad Hameed-ur-Rehman, State Counsel for
Respondent.
RAHMAT RAZAQ
VS
THE STATE
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 497--- Khyber Pakhtunkhwa Prohibition of Interest on Private Loans Act (XVII of 2016), Ss. 3, 4 & 6---Bail, grant of---Cognizance of offence---Non-filing of complaint before Ex-Officio Justice of Peace---Accused persons were arrested on the FIRs directly registered with police stations without any direction from Ex-Officio Justice of Peace---Validity---Police officer was complainant in the case against each accused and he did not follow procedure under S.6 of Khyber Pakhtunkhwa Prohibition of Interest on Private Loans Act, 2016---None of the cases was registered under orders of Ex-Officio Justice of Peace to local police to register such case---Station House Officer of Police Station bypassed law in such behalf leaving scope for further inquiry into guilt of each accused---Bail was allowed in circumstances. Zahid Arif v. Chairman National Accountability Bureau, NAB and others 2016 PCr.LJ 1302; Messrs Gul Cooking Oil and Vegetable Gee (Pvt.) Ltd., through Chief Executive v. Pakistan through Chairman Revenue Division, Central Board of Revenue Islamabad and 6 others PLD 2007 Pesh. 39 and Shadi Khan v. The State 2002 PCr.LJ 147 ref. THIS JUDGMENT DELIVERED BY: MOHAMMAD IBRAHIM KHAN, JUSTICE:---.--- It is preffered to dispose of this Criminal Miscellaneous Bail Application No. 571-M of 2016 preferred by petitioner Rahmat Razaq in case FIR No. 1188 dated 09.12.2016 charged under section 3/4 Khyber Pakhtunkhwa Prohibition of Interest on Private Loans Act, 2016 registered at Police Station Timergara District Dir Lower. There are connected bail petitions wherein each petitioner has prayed for his release on bail after arrest, particulars of which are given as under: - Cr. M B.A. No. 572-M/2016 titled as "Umar Khitab v. The State", case FIR No. 1190 dated 10.12.2016, section 3/4-Khyber Pakhtunkhwa Prohibition of Interest on Private Loans Act, 2016 Police Station Timergara District Dir Lower. Cr. M B.A. No. 573-M/2016 titled as "Ayub Khan v. The State", case FIR No. 1187 dated 09.12.2016, section 3/4-Khyber Pakhtunkhwa Prohibition of Interest on Private Loans Act, 2016 Police Station Timergara District Dir Lower. Cr.M.…
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