| Citation(s) |
|---|
| 1996 SLG 4066 1996 SLD 4066 = 1996 PLD 372 |
Sindh High Court
Special Criminal Bail Application No. 16 of 1994, decided on 5th March, 1996.
Presented By: Before Shafi Muhammadi, J.
Rana Muhammad Shamini for Applicant. Farooq H. Naek, D.A. -G for the State.
Special Criminal Bail Application No. 16 of 1994, decided on 5th March, 1996.
Presented By: Before Shafi Muhammadi, J.
Rana Muhammad Shamini for Applicant. Farooq H. Naek, D.A. -G for the State.
ABDUL RAUF---Applicant
VERSUS
THE STATE --- Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 497
Criminal Procedure Code (V of 1898)-- ---- S. 497 --- Customs Act (IV of 1969), S.156(l)(8) --- Bail --- Incriminating statement of co-accused---Value --- Where the accused in a case are in custody and one accused makes a statement against the co-accused, such statement may not be accepted on account of being the statement of a criminal unless corroborated with other pieces of evidence. Criminal Procedure Code (V of 1898)-- S. 497 --- Customs Act (IV of 1969), S.156(l)(8) --- Bail --- Abscondence of accused --- Principle of refusing bail to the absconder is not applicable strictly in each and every case --- Bail may not be refused to an accused on the point of abscondence if he has no knowledge about the case pending against him in any Court --- Similarly if the case of an accused falls within the ambit of further inquiry then bail becomes his right notwithstanding his abscondence.- [Abscondence]. Muhammad Imranullah Khan v. The State 1995 PCr,LJ 167 ref. Criminal Procedure Code (V of 1898)--- ---- S.497 --- Customs Act (IV of 1969), S.156(l)(8) --- Bail, grant of --- Accused was neither declared a proclaimed offender by the Trial Court, nor he was arrested whenever he appeared before the Customs Authorities including the Collector of Customs and in the office of C.B.R.---Bail was allowed to accused in circumstances. Muhammad Imranullah Khan v. The State 1995 PCr.LJ 167 ref. Rana Muhammad Shamini for Applicant. Farooq H. Naek, D.A. -G for the State. Date of hearing: 20th March 1995. ORDER Applicant Abdul Rauf is facing trial in an F.I.R. No.F-1093 of 1991 dated 4th December ,- 1991 lodged by one Mr. Mukhtar-ud-Din (Senior Intelligence Officer ), Directorate, General of Intelligence and Investigation Customs and Excise), Karachi registered under section 2(s) and section t6 read -"with section 156(l)(8) of the Customs Act, 1969. Brief facts unfolded by the interim challan are that one Muhammad Tanveer was intercepted, on the basis of credible information, when he was standing at the airline-counter and being briefed by the Airline for departure on PIA Flight No. PK-213 Dubai. He disclosed that he was carrying foreign currency to Dubai. On being asked…