| Citation(s) |
|---|
| 2012 SLG 1166 2012 SLD 1166 2012 PCRLJ 70 |
Sindh High Court
Criminal Bail Application No. 962 of 2011, decision dated: 7-10-2011.
GULZAR AHMED AND SALMAN HAMID, JJ
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Criminal Bail Application No. 962 of 2011, decision dated: 7-10-2011.
GULZAR AHMED AND SALMAN HAMID, JJ
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MUHAMMAD YASEEN alias BABA LADLA alias BABA--Applicant
VS
THE STATE
Law:
Section:
Criminal Procedure Code (V of 1898)------S. 497(2)---Penal Code (XLV of 1860), S.386/34---Anti-Terrorism Act (XXVII of 1997), S.7---Extortion by putting a person in fear of death or grievous hurt, act of terrorism---Bail, grant of---Further inquiry---Allegation of the complainant was that he received calls from two mobile phones from the accused who demanded amount and in failing to make such payment threats of dire consequences were extended---Complainant in his statement under S.161, Cr.P.C. had come forth verbatim as in his complaint and added that he gave tainted currency notes to his servant---Mention of said part of the statement was missing in F.I.R.---Amount in question though was pre-arranged, but numericals of the currency notes were not noted that could enable the complainant or the Police to connect accused with the same in the event of the recovery; however recovery was stated to have been made from accused---Statement by the servant of the complainant had shown that the complainant was receiving calls from accused on regular basis---Such state of affairs was neither patent from the contents of the F.I.R. nor from the statement of the complainant---Record showed that two numbers from which the complainant had received calls belonged to accused, but it was not yet clear that such two numbers were part of those five sims allegedly recovered from accused---Inconsistencies were found as to the number of sims recovered---Recovery of sims by itself created doubts, which needed further inquiry and same was the position with the recovery of currency notes---Case of accused requiring further inquiry, he was enlarged on bail, in circumstances. ORDER SALMAN HAMID, J.---Facts deducible from the file are that on 11-4-2011 circa 1650 hours Shahid Nisar, son of Nisar Ahmed, (the Complainant), a resident of Phase VII, DHA, Karachi, submitted an application for protection at Police Station Gizri inasmuch as that on 10-4-2011 at 1720 hours he received on his mobile number 0333-2112983 calls from mobile phone number 0324-2657466 and 0303-5204766 from the applicant who demanded Rs. 500,000 failing payment he (Complainant) was to face dire consequences as the applicant…
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