Case Details

Citation(s)
2007 SLG 1163 2007 SLD 1163 2007 MLD 1024
Sindh High Court
Criminal Bail Application No. S-805 of 2006, decision Dated: 26-01-2007.
SAJJAD ALI SHAH, JUSTICE
Petitioner(s) by: Irfan Ahmed Qureshi
Respondent(s) by: Mashooq Ali Santo, Asstt. A.G.

NIAZ HUSSAIN

VS

THE STATE

Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Prevention of Corruption Act, 1947

Section: 5(2)

Law: Pakistan Penal Code, 1860

Section: 161

Criminal Procedure Code (V of 1898)--- ----S. 497(2)-Penal Code (XLV of 1860), S.161---Prevention of Corruption Act (II of 1947), S.5(2)---Bail, grant of---Further inquiry---No role whatsoever had been assigned to accused in, F.I.R.---No tainted money was recovered from accused and he was arrested-only on account of his presence along with co-accused---Case of accused being of further inquiry, he was admitted to bail, in circumstances. THIS ORDER PASSED BY: SAJJAD ALI SHAH, J.--- The applicant Niaz Hussain seeks bail in Crime No.20 of 2006 of police station ACE City Hyderabad' under section 161, 34, P.P.C. read with section 5(ii) Act II of 1947. The facts per F.I.R. appears to be that Complainant Khursheed Ahmed lodged F.I.R. stating therein that Excise police had earlier raided his house and he was taken to the police station where a sum of Rs.40,000 was demanded from him and he was threatened that in case the amount is not paid he will be implicated in drug case. The Complainant paid a sum of Rs.25,000 for his release. Thereafter again a sum of Rs.5000 was demanded by one of the Constables of raiding party viz. Ahtshamul Haque alias Nadeem and since the Complainant did not want to pay therefore, F.I.R. was lodged and consequently a trap was set and the accused Ahtshamul Haque along with the present applicant Niaz Hussain was arrested. Learned counsel for the applicant has contended the name of the present applicant does not appear in the F.I.R.…
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