Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Prohibition (Enforcement of Hadd) Order (4 of 1979)

Section: 3,4

Law: Pakistan Penal Code, 1860

Section: 285,286

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Considerations---Court while deciding bail application would consider allegations made in FIR; statements recorded under S.161, Cr.P.C.; nature and gravity of charge; other incriminating material against accused and legal pleas raised by the accused. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 285 & 286---Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3 & 4---Possession and transport of intoxicants, negligent conduct with respect to fire, combustible matter and explosive substance---Bail, refusal of---Accused persons were arrested red handed with boxes of explosive material and bottles of alcohol---Chemical Examination Report of the material was positive---Recovery of explosive substance and alcohol was duly witnessed by police officials---Police officials were as good witnesses as any other witness---Alleged plea of enmity was a factual controversy which could not be looked into at bail stage---Bail could be refused even in respect of offences not falling under the prohibitory clause of S.497 Cr.P.C.---Accused persons had failed to make out a case for grant of bail---Bail was refused accordingly. Shah Nawaz and others v. The State 2008 SCMR 1436; Muhammad Ummer v. The State PLD 2004 SC 477; Saeed Ahmed v. The State 1996 SCMR 1132; Munawar Hussain Talat v. The State 2005 YLR 1215; Muhammad Siddiq v. The State 1988 PCr.LJ 1947 and Imtiaz Ahemd and others v. The State PLD 1997 SC 545 ref. THIS ORDER PASSED BY: ADNAN-UL-KARIM MEMON, J.--- The Applicants namely Abdul Hameed Shaikh and Danish Gul Chandio are seeking Post Arrest Bail in a case Crime No.41/2017, under section 285, 286, P.P.C. and Section 3/4 Prohibition (Enforcement of Had) Order 1979, registered at Police Station Taluka, District Larkana. Applicants moved bail application twice in above crime before learned Judicial Magistrate-Ill, Larkana and the same were dismissed vide order dated 15.4.2017 and 28.4.2017 respectively. Thereafter, Applicants moved bail applications twice before learned Sessions Judge, Larkana which were also dismissed vide order dated 19.4.2017 and 20.5.2017…

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