| Citation(s) |
|---|
| 2009 SLG 3445 2009 SLD 3445 2009 PCRLJ 915 |
Peshawar High Court
Date of hearing: 27th March, 2009.
Before Syed Yahya Zahid Gilani, J
Farooq Akhtar for Petitioner. Rabnawaz Awan for the Complainant. Yousaf Haroon for the State.
Date of hearing: 27th March, 2009.
Before Syed Yahya Zahid Gilani, J
Farooq Akhtar for Petitioner. Rabnawaz Awan for the Complainant. Yousaf Haroon for the State.
MUNIR AHMAD---PetitionerCr. M. B. No.49 of 2009, decided on 27th March, 2009.
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Penal Code (XLV of 1860)
Section: 365-A,379,511,337-J
Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.365-A, 379, 511 & 337-J--Bail, refusal of---Accused was arrested on the spot---Prosecution story was though alleged to be unreasonable and unbelievable, but without going deep into the merits of the case, each criminal case had its own peculiar facts and circumstances---Two criminal cases could not be identical---Since human conduct differed, some cases could have a very different and extra peculiar circumstances---In the present case, though accused was alleged to be juvenile, but he was well connected with the crime of abduction for ransom on the basis of the statement of abductee coupled with circumstantial evidence and recoveries---Accused was not entitled to bail, in circumstances. JUDGMENT SYED YAHYA ZAHID GILANI, J.--- Mr. Farooq Akhtar, Advocate for accused-petitioner, Mr. Rabnawaz Awan, Advocate for complainant and Mr. Yousaf Haroon, Advocate for State have been heard on the present bail application of Munir Ahmad accused-petitioner who has been refused bail by the lower forums, in case F.I.R. No.301, dated 31-5-2008 of Police Station Cantt. D.I. Khan, under sections 365-A, 379, 511, 337-J, P.P.C. 2. According to prosecution case, the complainant Mushtaq Khan, A.S.-I. was informed by somebody that a person is being abducted in a cycle rickshaw. He rushed and intercepted the cycle rickshaw in front of Kotli Imam wherefrom the abductee Ehsan was recovered in semi-conscious condition, duly wrapped in a Burga. The statement of abductee was subsequently recorded under sections 161 and 164, Cr.P.C. wherein he has given details of the occurrence that he was invited by the accused party to their house to purchase some household articles…
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