| Citation(s) |
|---|
| 2022 SLG 1352 2022 SLD 1352 2022 PCRLJ 1250 2022 PTD 1566 |
Sindh High Court
Special Criminal Bail Applications Nos. 39 and 40 of 2021, decision Dated: 6-09-2021, Date of hearing: 6-09-2021. Special Criminal Bail Applications Nos. 39 and 40 of 2021, decision Dated: 6-09-2021, Date of hearing: 6-09-2021.
AFTAB AHMED GORAR, J
Waqar Alam Abbasi for Applicant (in Special Criminal Bail Application No. 39 of 2021). Muhammad Hanif Samma for Applicant (in Special Criminal Bail Application No. 40 of 2021).
Special Criminal Bail Applications Nos. 39 and 40 of 2021, decision Dated: 6-09-2021, Date of hearing: 6-09-2021. Special Criminal Bail Applications Nos. 39 and 40 of 2021, decision Dated: 6-09-2021, Date of hearing: 6-09-2021.
AFTAB AHMED GORAR, J
Waqar Alam Abbasi for Applicant (in Special Criminal Bail Application No. 39 of 2021). Muhammad Hanif Samma for Applicant (in Special Criminal Bail Application No. 40 of 2021).
IKRAAM KHAN and others
VS
The STATE
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Customs Act, 1969
Section: 156(1)(59),178
Law: Constitution of Pakistan, 1973
Section: 4,9
(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Customs Act (IV of 1969), Ss. 156(1)(59) , 178---Fraudulent removal of warehoused goods---Punishment of persons accompanying a person possessing goods liable to confiscation---Bail, grant of---Scope---Allegation against accused persons was that they were involved in stealing goods from government warehouse---Names of accused persons were not mentioned in the FIR and their names were only mentioned in the interim charge-sheet---Investigation against accused persons was complete and they were not required for further investigation---No exceptional circumstances appeared in the case to withhold bail of accused persons---Accused persons were not previous convicts---Petitions for grant of bail were accepted, in circumstances. Suba Khan v. Muhammad Ajmal 2006 SCMR 66 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Constitution of Pakistan, Arts. 4 , 9--- Right of individuals to be dealt in accordance with law---Security of person---Bail---Scope---Liberty of an individual has been guaranteed by the Constitution besides the fact that speedy trial is inalienable right of every accused, therefore, even if S. 497, Cr.P.C., in ordinary course is not applicable, the broader principle of the same can be pressed into service in hardship cases to provide relief to a deserving accused person incarcerated in jail for an indefinite period. Sanjay Chandra v. Central Bureau of Investigation AIR 2012 SC 830 rel. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Scope---Where case does not fall within the prohibitory clause of S. 497, Cr.P.C., bail is to be granted as a rule and refusal is an exception. Ghulam Abbas v. State 2006 PCr.LJ 413; Tahir Mehmood v. The State 2007 PCr.LJ 112 and Tariq Bashir v. The State PLD 1995 SC 34 ref. ORDER AFTAB AHMED GORAR, JUSTICE:---.--- By this common order, Cr. Bail Applications Nos. 39 and 40 of 2021 are taken together arising out of the FIR No. 15/2021 registered under subsection (59) of section 156(1) of the Customs Act, 1969 read with section 178 ibid registered with Police Station Customs, Karachi. 2. The applicants booked in the above crime sought…
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