Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 302(b)

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 302(b)---Constitution of Pakistan, Art. 185(3)---Running over a customs official at a check post---Bail, refusal of---Plea of accused persons that the constable was accidentally run over by their speeding vehicle---Held, that said plea failed to impress as the Customs authorities in anticipation of arrival of the said vehicle with smuggled contraband on board had set up a blockade, calculatedly breached by the accused persons by running over a State functionary, standing in the line of duty, which was a criminal transgression with consequences most serious---Smuggled items, taken into possession in the wake of the incident lent credible support to the prosecution case, set up in the crime report---Material collected by the prosecution constituted ‘reasonable grounds’ within the contemplation of section 497, Cr.P.C. standing in impediment to their release on bail, in the absence of any consideration calling for further probe---Petition for leave to appeal was dismissed and accused persons were refused bail. ORDER: QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- A contingent of Pakistan Customs, on a tip off, signaled a Lahore bound bus to halt at the check post within the precincts of Police Station Chamkani Peshawar; it was being escorted by the assailants riding on two vehicles; they ran over the contingent as a result whereof Mian Irfan Ullah, 27, sustained serious injuries, subsequently proved fatal. The assailants took to the heels, however, the petitioners were…

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