Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 395,385,365,364,109

(a) Criminal Procedure Code (V of 1898)--   ---S.497--Penal Code (XLV of 1860), Ss.395, 385, 365 364 read with S.109--Bail--Scrutiny of material placed before Court showing that question of complicity of accused was a matter which required further inquiry for being established at trial--Accused admitted to bail.   Khalid Javed Gillan v. The State P L D 1978 S C 256 rel.   (b) Criminal Procedure Code (V of 1898)--   ---S.497--Penal Code (XLV of 1860), Ss.395, 385, 365 364 read with S.109--Bail--Elaborate sifting of evidence at bail stage, is not allowed to avoid prejudice to any party at trial.   ORDER ZAFFAR HUSSAIN MIRZA, J.--This is a petition for leave to appeal from the order of a learned Single Judge of the Sind High Court, dated 27th July, 1987, whereby the prayer for release on bail made by the petitioner in a case registered against him under sections 395, 385, 365 and 364 read with section 109, P.P. C. at Police Station Bulri Shah Karim, District Hyderabad, was dismissed. This petition is connected with Criminal Petition No. 65-K/1987, Dr. Muhammad Hassan Rizvi v State, which has been disposed of by this Court today. 2. The case of the prosecution as disclosed in the F.I.R. was that one Sullaiman Dawood, a leading business man of Karachi while visiting his land in Tando Muhammad Khan Taluka, was kidnapped by four persons, who were armed with Kalashnikov rifles at 3-00 p. m. on 15th May, 1987. The F. I. R. was lodged by one Abdul Jabbar, an employee of Sullaiman Dawood on the same date at 4-30 p.m. According to the prosecution, petitioner Abdul Razzaq Mania alongwith co-accused Dr. Muhammad Hassan Rizvi approached Ahmad Dawood, head of Dawood family and brother of Sullaiman Dawood, and ransom amount was settled at Rs.25 lacs, out of which 8 lacs was paid to the petitioner and the said co-accused. Mr. Sullaiman Dawood was recovered from the kidnappers and was escorted from Thano Bula Khan side by the petitioner and the said co-accused alongwith others and was thus restored to his family on 18th May, 1987. After the release and restoration of Mr. Sullaiman Dawood it is alleged that the petitioner and Dr. Muhammad Hassan Rizvi…

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