Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 34,452,457,506

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.452/506/34---Bail, refusal of---Not the quantum of sentence that mattered, but the way and the venue of crime which accused had committed by entering into the house of the complainant; and at the gun-point had asked the inmates of the house about the money and the ornaments---Sacredness of the house had been violated by accused and his absconding co-accused and all the inmates of the house were given "Butt" blows as well as firing in order to criminally intimidate them---Statements of the inmates of the house had fully corroborated the version of the complainant---No animosity had been pointed out for false charge---Was not legally correct that in every case which was not punishable with death, transportation for life or ten years' R.I. the concession of bail should be extended to an accused---If on the data available on the record it was proved that accused had shown high-handedness and had crossed the limits of decency and morality, then in non bailable offence he would not be entitled to the concession of bail---Accused was not entitled to concession of bail, in circumstances. Tariq Bashir and 5 others v. The State PLD 1995 SC 34; Faqir Hussain v. Asad Ali Khan and another 2003 PCr.LJ 518 Pesh.; Sarwar v. The State 2000 PCr.LJ 82 Lah. and Muhammad Siddique v. Mst. Imtiaz Begum and 2 others 2002 SCMR 442 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD ALAM KHAN, J.--- Manzoor son of Atta Muhammad, resident of Teekan, Tehsil and District D.I. Khan seeks bail as he is involved in case F.I.R. No.461, dated 30-9-2008 under sections 452/506/34, P.P.C. of Police Station Saddar, D.I. Khan. His request has been turned down by the learned Judicial Magistrate-II, D.I. Khan and learned Additional Sessions Judge-VI, D.I. Khan vide orders, dated 8-10-2008 and 28-10-2008 respectively. 2. The facts of the case are that vide F.I.R. No.461, dated 30-9-2008 Khalid son of Fazal Dad lodged a report at 1245 hours to the effect that he along with the inmates of his house were lay asleep in their house. At 0115 hours from the side of his neighbour Umar Hayat, Khyzer Hayat son of Fazl-ur-Rehman, resident of…

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