Case Details

Citation(s)
2016 SLG 2564 2016 SLD 2564 2016 PCRLJ 1696
Peshawar High Court

QAISER RASHID KHAN, JUSTICE
Naveed Akhtar for Petitioners. Syed Sikandar Hayat Shah, A.A.G. for the State. Ghulam Mohy-ud-Din Malik for the Complainant.

ABDUL SATTAR

VS

. THE STATE AND another--RespondentS

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(3)---Penal Code (XLV of 1860), Ss.365, 511 & 337-A(i)---Haraabah, kidnapping or abducting with intent secretly and wrongfully to confine person; attempt to commit offence, causing Shajjah-i-Khafifah---Bail, grant of---Further inquiry---Initially, complainant, charged the accused along with his seven unknown co-accused to have come over to his shop, thrashed him with which he was injured, and during the scuffle, rupees one million fell from his pocket, which went missing---On the 5th day of such report, the complainant came up with an improved statement under S.164, Cr.P.C.; and charged accused along with co-accused for snatching the cash of rupees one million from him on gun point; and also for their attempt to abduct him in motor car---Site plan though showed the positions assigned to accused and co-accused, but nothing had been mentioned regarding the attempt of alleged abduction---Improvement made by complainant in the statement under S. 164, Cr.P.C., appeared to be an over doing, and was at variance with his initial report---Taking a tentative assessment of the available record, case of accused fell within the purview of further inquiry, and accused was entitled to the concession of bail---Accused was directed to be released on bail, in circumstances. THIS JUDGMENT DELIVERED BY: QAISER RASHID KHAN, JUSTICE:----------- The accused-petitioner, Abdul Sattar, seeks bail in case FIR No. 178, dated 02.04.2016, registered under section 17(3), Haraaba (Enforcement of Hudood) Ordinance, 1979 read with sections 365/511/337-A(i), P.P.C., Police Station Abdul Hameed Shaheed, Shabqadar, after being declined the said relief by the learned court below. 2. The allegations against the accused/petitioner are that he along with his other co-accused came to the shop of the complainant, gave him beating and at gun point forcibly snatched cash amount of rupees one million and also attempted to abduct him, hence the case FIR, ibid. 3. Arguments heard and available record perused. 4. As is evident from the record, initially the complainant…
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