Law: Criminal Procedure Code (V of 1898)

Section: 497

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

Section: 17(4)

Criminal Procedure Code (V of 1898)--- ----S. 497---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(4)---Bail, refusal of---Record had indicated that accused was directly nominated by the complainant and witness in their supplementary statements for committing the offence---Snatched/ stolen motorcar was found in possession of accused who had afterwards returned the same, but on payment of ransom---Compromise effected by the complainant with accused and other co-accused, was of no help to accused because the offence was not compoundable---Prayer for bail of accused had once been rejected by the High Court on merits from the available facts and circumstances of the case---Prima facie case existed against accused which did not entitle him to the concession of bail. Naseer Ahmad v. The State PLD 1997 SC 347; Muhammad Yaqoob v. The State 2006 SCMR 1265(2) and Muhammad Rawab v. The State 2004 SCMR 1170 ref. JUDGMENT MUHAMMAD ALAM KHAN, J.---Haji Muhammad Noor, accused/petitioner, charged in case F.I.R. No.53 dated 2-2-2007 registered under section 17(4) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 at Police Station Lakki Marwat, having failed to get the concession of bail from. the Court of learned Additional Sessions Judge-I, Lakki Marwat vide his order, dated 15-12-2007 on the fresh ground of being innocent has filed the application in hand for the same relief. 2. It was on 2-2-2007 that Ubaidullah Khan, A.S.-I. of Police Station Lakki Marwat along with police party was on petrol duty of the area when he received information that a dead body was lying in the hill of Darra Tang. He rushed to the spot, reached there at 1930 hours and found a dead body which was later on identified to be of Sher Zaman son of Muhammad Ghulam, resident of Gullapa, to had been done to death by fire-arms. After preparing injury sheet of the deceased and site plan, the dead body was sent for autopsy to the City Hospital Lakki at the hands of Constable Sarwar and Murasila was forwarded to the Police Station Lakki Marwat at the hands of Constable Asmatullah whereon the instant case was registered. 3. On the following day i.e.…

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