Case Details

Citation(s)
1994 SLG 639 1994 SLD 639 1994 SCMR 660
Supreme Court of Pakistan
Criminal Appeal No. 131 of 1993, decision dated: 10-11-1993
ABDUL QADEER CHAUDHRY AND WALI MUHAMMAD KHAN, JJ

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Haji AKBAR KHAN

ABDULLAH KHAN and 4 others

Law:

Section:

Criminal Procedure Code (V of 1898)--S. 497(5)---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(3)---Penal Code (XLV of 1860), S.342/347--­Cancellation of bail---Allegations contained in the F.I.R. were duly corroborated by the kidnapees and the police officials who apparently had no enmity or grudge against the accused and the same being offences of serious nature had disentitled the accused to the concession of bail---Grounds which prevailed with the High Court for release of the accused on bail could not justifiably warrant a conclusion that reasonable grounds existed to believe that the accused had not committed the offence with which they were charged or that case against them was of further inquiry---Bail allowed to accused by High Court was cancelled in circumstances. JUDGMENT WALI MUHAMMAD KHAN, J: --Haji Akbar Khan, complainant/appellant herein, through leave of the Court, calls in question the judgment dated 16-1-1993 passed by a learned Single Judge of the Peshawar High Court, whereby Abdullah Khan, Gul Munar, Mohibullah and Zafar Khan accused/respondents were released on bail on furnishing of bail bonds in the sum of Rs.50,000 with two sureties in the like amount in case F.I.R. No. 227 dated 13-11-1992 under section 17 (3), Harraba and under section 342/347, P.P.C., Police Station Terri, Tehsil and District Karak. The facts of the case, briefly stated, are that Haji Akbar Khan complainant was sitting in his truck loaded with Dandasa, bound for Karachi which was being driven by Abdul Jabar accompanied by Cleaner Attaullah sitting with him in the front seat, and when they reached near Terri they saw Pickup No. BUB-4985 of the red colour from which the four accused whom the complainant previously knew, got down and Gul Munar accused/respondent standing in the middle of the road drew out pistol and aiming the same at the complainant party directed them to stop. Gul Munar caught hold of the complainant from his collar and his other companions caught hold of the driver and cleaner and dragged them down from the truck and forcibly put them in the Pickup. Gul Munar sat in the driver's seat of the truck and started towards…
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