| Citation(s) |
|---|
| 2017 SLG 1584 2017 SLD 1584 2017 SCMR 560 |
Supreme Court of Pakistan
Criminal Petition No. 1188 of 2016, decision Date : 12-01-2017. (On appeal from the judgment Dated 2.11.2016 passed by the Lahore High Court, Bahawalpur Bench, Bahawalpur in Crl. Misc. No. 1850/B of 2016)
MUSHIR ALAM, JUSTICE, DOST MUHAMMAD KHAN, JUSTICE
Azam Nazeer Tarar, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioner. Ch. Muhammad Sarwar Sindhu, Additional P.G., Punjab, Maqbool Ahmad, Inspector, CID and Muhammad Ali, SI/SHO for the State.
Criminal Petition No. 1188 of 2016, decision Date : 12-01-2017. (On appeal from the judgment Dated 2.11.2016 passed by the Lahore High Court, Bahawalpur Bench, Bahawalpur in Crl. Misc. No. 1850/B of 2016)
MUSHIR ALAM, JUSTICE, DOST MUHAMMAD KHAN, JUSTICE
Azam Nazeer Tarar, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioner. Ch. Muhammad Sarwar Sindhu, Additional P.G., Punjab, Maqbool Ahmad, Inspector, CID and Muhammad Ali, SI/SHO for the State.
MUHAMMAD NOMAN
VS
THE STATE AND ANOTHER
Law: Criminal Procedure Code (V of 1898)
Section: 497(2)
Law: Pakistan Arms Ordinance (XX of 1965)
Section: 13-2(A),20
Law: Anti Terrorism Act, 1997
Section: 7,9
Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Anti-Terrorism Act (XXVII of 1997), Ss. 7 & 9---Pakistan Arms Ordinance (XX of 1965), Ss. 13-2(A) & 20---Explosive Substances Act (VI of 1908), S. 4---Acts of terrorism, possession of illegal weapons, explosives and time-bombs---Bail, grant of---Further inquiry---Counter-Terrorism Department alleged that accused and co-accused persons were arrested while travelling in a car, that contained arms, ammunition, bombs, explosives and militant literature---Family of accused on the other hand alleged that accused was picked up from his house by some unknown persons and subsequently police showed his arrest; that the incident of accused's abduction was immediately reported to the police, and that a habeas corpus petition was also filed to find the whereabouts of the accused after his abduction---Written complaint submitted by family of accused about his abduction from his house, was neither inquired into nor investigated in any manner whatsoever, rather the same was deliberately suppressed by the police---Investigating officer had not opined that the accused was found connected with any militant group or had been found financer or provided any other facility to militants---Investigation/inquiry carried out was neither satisfactory nor free from malice and the accused's implication in present case was not free from reasonable doubt, thus, he could not be left at the mercy of the police---Investigation, in the present case, was one-sided and the other aspects of vital importance were not touched much less investigated into without any explanation offered by the investigating officer---Case of the accused was one of further inquiry into his guilt---Accused was granted bail accordingly. THIS ORDER PASSED BY: DOST MUHAMMAD KHAN, JUSTICE:---.--- Brief facts of the case are that, according to Crime No. 44/16, registered by Police Station CTD, Multan on 9.5.2016 at 4:30 p.m., Noor Hassan ASI/CTD Bahawalpur alleged in his written complaint, sent to the Police Station that he was conducting raid near Toll Plazza, Bahawalpur when a secret informer told that five persons carrying handbags, were proceeding towards the…
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