| Citation(s) |
|---|
| 2016 SLG 3109 2016 SLD 3109 2016 MLD 865 |
Criminal Misc. No. 84 of 2015, decided on 28th July, 2015. Date of hearing: 28th July, 2015.
MUHAMMAD ALAM, JUSTICE
Tanveer Akhtar Khan for Petitioner. Deputy Advocate General for the State.
ABDUL KHADI - er
VS
The STATE - --Respondent
Law:
Section:
Criminal Procedure Code (V of 1898) --------- ----------S. 497 --------- Penal Code (XLV of 1860), Ss.379 & 392 --------- Pakistan Arms Ordinance (XX of 1965), S.13 --------- Theft, robbery --------- Possessing unlicensed arms --------- Bail, refusal of --------- After submission of challan in the Trial Court, case was fixed for framing of charge against accused and his co-accused --------- Trial Court had adjourned the case five times for framing charge from 25-4-2015 to 29-6-2015 --------- Framing of charge, could not be done only because of request of accused or his counsel --------- Police had recovered Rs.9000, as part of stolen amount; and one of the stolen cell phone --------- Accused was government employee --------- Accused persons were using delaying tactics --------- Bail petition was dismissed, in circumstances. THIS JUDGMENT DELIVERED BY: MUHAMMAD ALAM, JUSTICE:---------- Petitioner, who is involved for the offence of Sections 379/392, P.P.C., booked through FIR No. 02/2015 and offence under Section 13 of Arms Ordinance, booked through FIR No. 03/2015, of Police Station Goner Farm Chilas, District Diamer, seek his release on bail, through this petition. Previously, petitioner sought similar facility from the court of Sessions Judge Diamer, through B.A. No. 14/2015, who, through his order dated 02-05-2015, refused to grant the same facility. 2. Police chalked FIR on written application of FIR lodger, Mr. Shah Mirza, an ASI/IP of the police Station Goner Farm. Prior to chalking of FIR, police conducted inquiry under section 157, Cr.P.C. through the FIR lodger. In the light of report of the FIR lodger, as a result of such inquiry, the FIR was chalked, wherein, the FIR lodger reported that the petitioner and his co-accused Ikramullah committed robbery in the mid Highway and robbed Rs.27,000/- besides two cell phones from Mr. Mohammad Aftab…
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