| Citation(s) |
|---|
| 2017 SLG 2464 2017 SLD 2464 2017 YLR 1957 |
Sindh High Court
Criminal Bail Applications Nos. 1721 and 1866 of 2016,decision Dated: 9-1-2017. Hearing Dates: 3 & 4-1-2017.
ABDUL MAALIK GADDI, JUSTICE
Aamir Mansoob Qureshi for Applicants (in Criminal Bail Application No. 1721/2016).Asif Ali Pirzada for Applicant (in Criminal Bail Application No. 1866/ 2016).
Criminal Bail Applications Nos. 1721 and 1866 of 2016,decision Dated: 9-1-2017. Hearing Dates: 3 & 4-1-2017.
ABDUL MAALIK GADDI, JUSTICE
Aamir Mansoob Qureshi for Applicants (in Criminal Bail Application No. 1721/2016).Asif Ali Pirzada for Applicant (in Criminal Bail Application No. 1866/ 2016).
FAWAD REHMAN AND ANOTHERVS THE STATE
Law:
Section:
(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 419, 420, 468, 471, 109 & 34---Prevention of Corruption Act (II of 1947), S. 5(2)---National Database and Registration Authorities Ordinance (VIII of 2000), S.30(f)---Cheating by personation, cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document, abetment, common intention, public servant committed criminal misconduct, knowingly contravene the provision of the Ordinance---Bail, grant of---Case was based upon documentary evidence---Case of prosecution was entirely based upon the documentary evidence and relevant record had already been collected and seized by Investigating Officer and same was in the custody of prosecution---No apprehension of tampering with prosecution evidence existed---Accused persons were allowed bail in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.419, 420, 468, 471, 109 & 34---Prevention of Corruption Act (II of 1947), S.5(2)---National Database and Registration Authorities Ordinance (VIII of 2000), S.30(f)---Cheating by personation, cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document, abetment, common intention, public servant committed criminal misconduct, knowingly contravene the provision of the Ordinance--Bail, grant of---Further inquiry---Prosecution case against the accused persons was that they illegally managed to get issued Computerized National Identity Card with the collusion and connivance of officer of National Database and Registration Authority in order to get the property of complainant fraudulently---Offences under Ss. 419, 420, 468, 471, 109, 34, P.P.C. and offence under S.5(2) of Prevention of Corruption Act, 1947 were punishable up to seven years, while S.30(f) of NADRA Ordinance, 2000 was punishable up to five years or fine---Alleged offences against the accused persons did not fall within the parameters of restraining clause of S.497(1), Cr.P.C.---Record showed that investigation had been completed and accused persons were not…