Case Details

Citation(s)
2018 SLG 1936 2018 SLD 1936 2018 PLJ 413
Lahore High Court
Crl. Misc. No. 95103-B of 2017, decision & hearing Dated: 08.11.2017.
QAZI MUHAMMAD AMIN AHMED, JUSTICE
Ch. Abdul Ghaffar, Advocate for Petitioners. Mr. Muhammad Usman Iqbal, Deputy District Public Prosecutor for State.

KAMRAN KHAN AND ANOTHER

VS

STATE AND ANOTHER

Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Bail, dismissal of--Allegation of were found with a huge cache of arms and ammunition--Weapons and ammunition were being transported under a valid license issued to one person is beside mark, as said licensee never came forward to lay forth any claim--Held: Offences publishable with imprisonment for ten years or above would not fall out of ambit of prohibition on basis of lower sentence mandated as minimum ceiling, while certainly its benign impact can validly be considered favorably in an appropriatecasehaving regard to facts and circumstances thereof--Even otherwise, there is no legal compulsion to grant bail to an accused in offences punishable with imprisonment of less than 10 years as Court can decline discretionary relief depending upon nature of accusation and material in support thereof--Given volume of cache with potentially awful lethality of consignment, pointed inexorably upon petitioners, albeit reliance upon avalid license, purportedly, granted to afore-named person is a position that cannot be attended within restricted scope of tentative assessment in absence of any tangible material--Petition was dismissed Saif Ullah v. The State 1994 PCr.LJ 2340, Sheroz and another v. The State (2006 YLR 3167), Muhammad Sharif v. The State and another (2014 P.Cr. L.J 97), Abid alias Abbi Arain v.The State (2016 P.Cr.L.J note 109), Abdul Latif vs. The State (2016 P.Cr.L.J note 122), ref. THIS ORDER PASSED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE---.--- Surprised by police contingent, in the wake of a tip-off, the petitioners were found with a huge cache of arms and ammunition in their vehicle at Faisalabad Road within the precincts of Police Station Rajoa Chiniot. The consignment comprised of the following:-- 1. 16 pistols.30-bore with 24 magazines and 19000 bullets. 2. Kalashnikov with two magazine 3. One Repeater with four magazine 4. One rifle with 300 bullets 5. One rifle 44-caliber with 14 magazines and 400 bullets 6. 4 Rifles 222-bore with 10 magazines and 2100 bullets 7. 3200 bullets of 9 mm 2. Heard. Record perused. 3. Argument that the weapons and ammunition were being transported under a valid…
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