Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Anti Terrorism Act, 1997

Section: 7

Law: Pakistan Penal Code, 1860

Section: 324,353,365A,148,149

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.324/353/365-A/148/149---Anti-Terrorism Act (XXVII of 1997), S. 7---Attempt to commit qatl-e-amd, assault or criminal force to deter public servant from discharge of his duty, kidnapping or abduction for extorting property, valuable security, etc., rioting armed with deadly weapons, unlawful assembly, acts of terrorism---Bail, refusal of---Accused was named in the F.I.R. and record revealed that he was required in a number of cases including two cases of kidnapping for ransom, which fact reflected that accused was a habitual offender---Two abductees had filed their affidavits before Trial Court exonerating the accused from the commission of the alleged offence, but in view of the prevailing law and order situation in the area at that time and terror of criminals, and the fact that abductees did not appear before the High Court, it could not be ascertained whether the abductees had filed their affidavits voluntarily or whether they were compelled to do so---Accused had not alleged that police had involved him in the case due to some previous enmity---Accused did not deserve the concession of bail, therefore, his bail application was dismissed. Naseer Ahmed v. The State PLD 1997 SC 347 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 324/353/365-A/148/149---Anti-Terrorism Act (XXVII of 1997), S. 7---Attempt to commit qatl-e-amd, assault or criminal force to deter public servant from discharge of his duty, kidnapping or abduction for extorting property, valuable security, etc., rioting armed with deadly weapons, unlawful assembly, acts of terrorism---Bail, refusal of---Two abductees had filed their affidavits before the Trial Court exonerating the accused from the commission of the alleged offence---Validity---High Court while dismissing the bail application of the accused, deprecated the trend of eye-witnesses to take a summersault by giving statements different from the prosecution case and filing affidavits at hearing of bail applications of accused with the intention of creating doubt in the prosecution case to enable the accused to get…

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