Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S.497---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(4)---Penal Code (XLV of 1860), Ss.458, 459, 460 & 109---Haraaba, house trespass and common intention---Abscondence---Bail, grant of---No one was mentioned in FIR as accused---Contradiction in statements of witnesses regarding participation of the petitioner in the commission of offence---Effect---Abscondence---Effect---Record revealed that the petitioner had not been charged in the FIR rather he had been nominated by co-accused in his statement under S.161, Cr.P.C. and by the complainant in his statement under S.164, Cr.P.C.---Complainant had , admittedly , shown four persons present in the courtyard of his house but while recording his statement under S.164, Cr.P.C., he charged six persons for the commission of offense, similarly, another co-accused had not disclosed the name of petitioner in his confessional statement regarding participation in the commission of offense---Mere abscondence was no ground to decline the bail if the accused was otherwise entitled for concession of bail---Accused had made out case for the grant of bail, in the circumstances. State v. Malik Mukhtiar Ahmed 1991 SCMR 322 and Mitho Pitafi v. The State 2009 SCMR 299 ref. THIS JUDGMENT DELIVERED BY: WAQAR AHMAD SETH, J.--- Petitioner, Masaud son of Ismail, seeks his post arrest bail in case FIR No. 01 dated 01.01.2017 under section 17(4) Offences Against Property (Enforcement of Hudood) Ordinance, 1979 read with Sections 458/ 459/460/109, P.P.C. registered at Police Station Badaber, Peshawar. He has been refused bail by the learned Additional Sessions Judge-II, Peshawar vide order dated 26.01.2018; hence, the instant petition for the same purpose. 2. As per contents of FIR on 01.01.2017 at 0400 hours, complainant Attaullah in injured condition at Casualty, LRH Peshawar reported the matter to the local police to the effect that on the fateful night at 0100 hours, he along with his wife Mst. Ambareen, was present in the room of their house situated at Bazid Khel stop, in the meanwhile, they heard some commotion in the courtyard of the house. Complainant and…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492