Case Details

Citation(s)
2017 SLG 2451 2017 SLD 2451 2017 YLR 1712

Cr. Misc. No. 103 of 2016, decision & hearing Dated: 28-7-2016.
MALIK HAQ NAWAZ, JUSTICE
Abdul Khaliq for Petitioner. Dy.A.G. for the State.

GUL SAFAID

VS

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.365-A, 341 & 34---Kidnapping or abduction for extorting property, valuable security etc., wrongful restraint, common intention---Bail, refusal of---Alleged abductee, charged accused for commission of offence---Mere fact that some of accused persons nominated in the FIR had been released by the Police under S.169, Cr.P.C., would not advance the case of accused for grant of bail---Accused went underground after commission of offence, and was arrested later on---Conduct of accused soon after commission of offence and long and unexplained abscondance and his arrest after hectic efforts, were the factors, which disentitled him for concession of bail---Accused had criminal credentials; as case under S.302/34, P.P.C., was registered against him, which was pending adjudication in the Trial Court---Accused was in judicial lock-up since last 9 months, without any substantial progress in the case---Trial Court was directed by the Chief Court to conclude the trial of the case within the shortest possible time---Bail petition being meritless, was dismissed, in circumstances. THIS ORDER PASSED BY: MALIK HAQ NAWAZ, JUSTICE:---.--- The accused/petitioner stands booked for the offences under sections 365-A/341/34, P.P.C. registered at Police Station Daril. 2. The brief facts as narrated by complainant Imtiaz Ahmad son of Haji Shah Room are that on 14.01.2012 at 0800 a.m., the complainant was sitting in his own vehicle bearing registration No. DMR-A-15, which was being driven by one Asbar Khan son of Wazir Khan, resident of Khinbari. When the vehicle reached near road Thak, where accused Lobar son of Muhammad Shafi, Gul Safaid, Sher Muhammad son of Mussa Khan, Aleemullah, Abdul Malik, Ijaz Ul Haq, Snoar Alam, Zia ul Haq son of Shmber, Furqan, Pervaiz Iqbal, Attiullah son of Rahim Ullah abducted the driver and also took the vehicle of the complainant along with them. The motive was stated to be an old enmity between the parties. 3. After registration of the FIR, the accused went underground and could not be arrested. The accused was arrested on 23.11.2015 from Abbotabad. 4. The accused/petitioner…
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