Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 448/386

Criminal Procedure Code (V of 1898)---.--- ---.---S. 497---.---Penal Code (XLV of 1860), Ss.448/386---.---Sindh Public Property (Removal of Encroachment) (Amendment) Act, 2008 (I of 2009), S.7(i)---.--- House trespass and extortion by putting in fear of death or grievous hurt---.---Bail, grant of---.---Offences did not fall within the prohibitory clause of S.497(1), Cr.P.C.-F.I.R. was lodged after a delay of about one year---.---No date or time of occurrence was mentioned in the F.I.R.---.---No independent eye-witness of the incident was even cited therein---.---Accused was in possession of the plot in dispute for more than one year---.---Allegations made in the F.I.R. did not apparently attract the provisions of S.386, P.P.C.---.---No allegation of giving threats to complainant or putting him in fear of death or of grievous hurt for extorting money from him had been made---.---Case against accused was one of further inquiry---.---Accused was admitted to bail in circumstances. Mst. Daulan v. Sardara and 5 others 1995 SCMR 177; Tariq Bashir and 5 others v. The State PLD 1995 SC 34; Anjum Sheraz v. The State 1999 MLD 844; Noor Muhammad and another v. Muhammad Tufail 2004 YLR 3330; Nooruddin and another v. The State 2005 MLD 1267 and Muhammad Nadeem v. The State 2007 MLD 926 ref. THIS ORDER PASSED BY: AQEEL AHMED ABBASI, JUSTICE:---.--- This bail application is filed against the order passed by the learned IVth Additional Sessions Judge, East at Karachi in Session Case No. 1015 of 2009, dated 29-5-2009 in F.I.R. No. 373 of 2009 under sections 448/386, P.P.C. read with section 7(i) of the Sindh Public Property (Removal of Encroachment) (Amendment) Act, 2009 registered at Police Station Korangi Industrial Area, Karachi. The said bail application was dismissed on 29-5-2009 by the learned IVth Additional District Judge, East, Karachi. The brief facts as stated in the F.I.R. is as follows: "The complainant stated that I am residing at the abovesaid address at Column No. 2, and doing property work, I raised construction over my Plot No. 85, Sector 6-H, Mehram Town, Korangi Industrial Area, measuring 240 sq.yds. Constructed boundary wall, one room, kitchen and bath room…

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