Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Suppression of Terrorist activities (Special Courts) Act, 1975

Section: 4

Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979

Section: 17(3)

Criminal Procedure Code (V of 1898)---   ----S. 497--Suppression of Terrorist Activities (Special Courts) Act (XV of 1975), S.4---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(3)---Penal Code (XLV of 1860), S.337-H(ii)---West Pakistan Arms Ordinance (XX of 1965), S.13-A---Bail---Jurisdiction of Court---Offence against accused clearly fell under S.395, P.P.C. which was committed with Klashnikov, an automatic weapon, and the same was covered by the Schedule attached to the Suppression of Terrorist Activities (Special Courts) Act, 1975---Trial Court was consequently directed to return the file to the Sessions Judge for onward transfer to the Special Court, where the accused was at liberty to file the bail application---Bail application was disposed of accordingly.    PLD 1994 SC 747; Jehangir v. The State 1999 PCr.LJ 476; Azhar Hussain and others v. Government of Punjab 1992 PCr.LJ 2308; Muhammad Shareef v. The State 1992 PCr.LJ 1219; Mst. Qamer-un-Nissa v. The State PLD 2000 Kar. 339; Nawaz Ali and others v. The State 2001 PCr.LJ 521 and Allah Din and others v. State 1994 SCMR 717 ref.   Awan Rehmatullah Nadeem for Applicant.   Altaf Hussain Surahio for the State.   Date of hearing: 2nd July, 2000. ORDER By this order, I propose to dispose of Criminal Bail Application No.344 of 2001 filed on behalf of applicant Muhammad Ali in a case bearing Crime F.I.R. No.29 of 1998 of Police Station Geehalpur, District Jacobabad for an offence under sections 17/3, Offences Against Property (Enforcement of Hudood) Ordinance, 1979, 337-1I(ii), P.P.C. and 13(A), Arms Ordinance. The bail plea of the applicant, was declined by the learned Additional Sessions Judge, Kandhkot vide order, dated 7-2-2001. The prosecution story as unfolded in the F.I.R. is that on 16-10-1998 at about 2-00 p.m. complainant Nasir Shar appeared at Geehalpur Police Station, District Jacobabad and lodged F.I.R. alleging that on 10-9-1998 the complainant took out his cattle for grazing in the jungle and while grazing from different places when he reached near his houses where Ghulam Hyder and Majeed both sons of Mootan were also grazing the cattle…

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