Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 269,270,337-J

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 269, 270 & 337-J---Negligent act likely to spread infection of disease dangerous to life, malignant act likely to spread infection of disease dangerous to life, causing hurt by means of a poison---Bail, grant of---Further inquiry---Recovery of 9000 grams Panparag and Gutka---No person from the public or society made any complaint against the accused nor any person was produced to whom the accused allegedly administered the alleged Panparag or Gutka---Not a single person was found nearby to him while purchasing the same from the accused---Basic ingredients for application of section 337-J, P.P.C, were lacking in the case---Mere heinousness of offence was no ground for withholding the concession of bail to accused---Law could not be stretched upon in favour of the prosecution, particularly at bail stage, as every accused was presumed to be blue eyed boy of the law until and unless he was found guilty of the charge---Case against the accused required further enquiry within the meaning of subsection (2) to S.497, Cr.P.C.----Bail application was allowed, in circumstances. ORDER MUHAMMAD SALEEM JESSAR, JUSTICE:---.--- At the very outset, learned advocate for the applicant states that applicant/accused Faheem Ahmed has allegedly been found in possession of 30 packets of Gutka, PANPARAG2000 and 10 packets of PANPARAG ONE total 40 packets weighing 9000 grams (9 kg), moreover the learned counsel submits that the basic ingredients of section 337-J, P.P.C. are lacking in this case, as neither the victim/customer to whom the applicant/accused was purchasing the material, which has been shown in the case nor any purchaser/customer was found nearby to him while purchasing/selling the alleged Gutka, which are the main ingredients of section 337-J, P.P.C. Learned counsel for the applicant in support of his contentions has relied upon the Order dated 18.11.2019, passed by the Single Bench of this Court at Hyderabad in Criminal Bail Application No. S-1123 of 2019. He therefore, submits that in view of above, case against the applicant/accused requires further enquiry and he prays that the…

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