| Citation(s) |
|---|
| 2018 SLG 1527 2018 SLD 1527 2018 YLR 1400 |
Sindh High Court
Criminal Bail Application No. 70 of 2016, decision Dated: 26-11-2016.
KHADIM HUSSAIN M. SHAIKH, JUSTICE
Nasir Rizwan for Applicant. Shafiq Ahmed Special Prosecutor for ANF.
Criminal Bail Application No. 70 of 2016, decision Dated: 26-11-2016.
KHADIM HUSSAIN M. SHAIKH, JUSTICE
Nasir Rizwan for Applicant. Shafiq Ahmed Special Prosecutor for ANF.
MUHAMMAD MUBEEN KHAN
VS
THE STATE
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss. 6, 9(c), 14 & 15---Possession of narcotic drugs, aiding abetment or association in narcotic offences---Bail, refusal of---Second bail application--- Maintainability--- Scope---High Court had already rejected the bail application of the accused on merits---Second bail application was filed within one month of the rejection of first such application---Contention of counsel for accused that some of the grounds shown in earlier bail application were not dealt with separately while rejecting the bail application, therefore plea for bail of the accused could be reconsidered in the second application, was patently untenable for the reason that High Court had already rejected first bail application on merits---Second bail application on the face of it was misconceived and not entertainable as admittedly there was no fresh ground available to the accused to file the second bail application---Bail was refused. Raja Muhammad Akram Khan v. Mazhar Iqbal and 2 others 2004 PCr.LJ 935; Ziaur Rehman's case PLD 1973 SC 49; Mian Muhammad Nawaz Sharif's case PLD 1993 SC 473 and Socha Gul v. The State 2015 SCMR 1077 ref. The State v. Zubair and 4 others PLD 1986 SC 173 rel. THIS ORDER PASSED BY: KHADIM HUSSAIN M. SHAIKH, JUSTICE:---.--- By this order I intend to dispose of the instant criminal bail application based on FIR No.02/2014 for offence under Sections 6, 9 (C), 14, 15 CNS Act 1997 of Police Station ANF Clifton Karachi, which has been repeated directly before this Court on behalf of the applicant Muhammad Mubeen Khan after his earlier bail application bearing Criminal Bail Application No.545/2014 was rejected by this Court vide order dated 09.12.2015, after the bail plea of the applicant was declined by the learned trial Court vide order dated 28.3.2014. 2. Learned counsel for the applicant has mainly contended that while passing the order dated 09.12.2015, rejecting the earlier bail application of the applicant, this Court had not considered some of the grounds shown therein, per him, each and every ground shown in the bail application has to be considered and…
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