Case Details

Citation(s)
2022 SLG 3005 2022 SLD 3005 2022 YLR 828
Sindh High Court
Criminal Bail Application No. 442 of 2020, decided on 16th April, 2020. Date of hearing: 16th April, 2020.
ABDUL MAALIK GADDI AND RASHIDA ASAD, JJ
Muhammad Hanif Samma for Applicant. Khadim Hussain Kooharo, Additional Prosecutor General, Sindh for the State. None present for the Complainant.

NIZAMUDDIN--Applicant

VS

The STATE

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 7

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 385, 386 34---Anti-Terrorism Act (XXVII of 1997), S. 7---Putting or attempting to put in fear of injury in order to commit extortion, extortion by putting a person in fear of death or grievous hurt, common intention, act of terrorism---Bail grant of---Further inquiry---Allegation against the accused-applicant was that he along with his other companions approached to the complainant at his factory and demanded bhatta/extortion money by force and on his refusal, they issued him murderous threats---Record showed that FIR was lodged by the complainant, after the delay of about fifty four days for which no satisfactory explanation had been furnished---Nothing on record to show that just after the incident, complainant had made any complaint with regard to alleged incident to higher authorities---Accused-applicant had not received any bhatha/extortion money from the complainant---Said facts of the case required further inquiry as to whether the incident had taken place in a manner as stated in FIR or otherwise---Record transpired that accused-applicant was arrested on 05.04.2019 in the present case when he was already under arrest in another case and nothing was recovered from his possession---Co-accused persons had already been granted bail by the Trial Court, although the allegations against them were almost on same facts therefore, following the rule of consistency the accused-applicant was also entitled for same relief---Allegedly, accused-applicant was involved in thirty two other criminal cases, but prosecution had failed to establish that he was ever convicted in any case registered against him---Bail could not be refused merely on the ground that certain other criminal cases had been registered against accused-applicant--- Accused - applicant had made out a case for further inquiry into his guilt within the meaning of S.497(2), Cr.P.C.---Bail application was allowed, in circumstances. Jafar alias Jafri v. The State 2012 SCMR 606 rel. (b) Criminal Procedure Code (V of 1898)--- ----S.497---Bail---Tentative assessments---Scope---Observations made in the bail order were…
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