2016 PLP 120 (YLRN)
WAQIF — Petitioner Versus The STATE — Respondent
| Citation | 2016 PLP 120 (YLRN) |
| Forum / Court | Peshawar |
| Bench Members | Assadullah Khan Chamkani, J |
| Parties | WAQIF — Petitioner Versus The STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2016 PLP 120 (YLRN)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2016 PLP 120 (YLRN)?
The case was heard and decided by the Peshawar bench comprising: Assadullah Khan Chamkani, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2016 PLP 120 (YLRN) (WAQIF — Petitioner Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zahanatullah for Petitioner.
- Date of hearing: 19th November, 2015.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), Ss.399, 400 & 401
Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S.15
Making preparation to commit dacoity, belonging to gang of dacoits and thieves, possessing unlicensed arms
In absence of any previous history of accused qua his involvement in the cases of dacoity and theft, as well as the factum of his preparation for the purpose of dacoity at the time of his arrest, application of Ss.399, 400 & 401, P.P.C., required further probe
Punishment of S.15 of Khyber Pakhtunkhwa Arms Act, 2013, did not fall within the prohibitory clause of S.497, Cr.P.C.
Bail in such like cases, was a rule, and refusal thereof an exception
No exceptional circumstances existed to clog the way of bail to accused
Bail was allowed to accused, in circumstances. [Para. 4 of the judgment] Mohammad Riaz Khan Painda Khel, Asstt. A.G. for the State. JUDGMENT ASSADULLAH KHAN CHAMKANI, J.
Petitioner Waqif, seeks bail in case FIR No.1014 dated 21.09.2015, registered under sections 399/400/401, P.P.C. and section.15 Khyber Pakhtunkhwa Arms Act, 2013, in Police Station Yakatoot, Peshawar.
2. Allegations against the petitioner are that he being a member of gang of dacoits and thieves, on 21.09.2015 at 12.00 hours, along with co-accused was present in the graveyard of Rehman Baba for the purpose of dacoity, thus was nabbed by the local police and from his possession a .30 bore pistol along with 5 live rounds was recovered from his possession.
3. Arguments heard and record perused.
4. In absence of any previous history of the petitioner qua his involvement in the cases of dacoity and theft as well as qua the factum of his preparation for the purpose of dacoity at the time of his arrest, application of sections 399, 400 and 401, P.P.C., requires further probe. So far as recovery of 30 bore pistol from possession of the petitioner is concerned, punishment of section 15, Khyber Pakhtunkhwa Arms Act, 2013, does not fall within the Prohibitory Clause of section 497, Cr.P.C. and in such like cases bail is a rule and refusal thereof an exception. There exists no exceptional circumstance to clog the way of bail to the petitioner.
5. Accordingly, this petition is allowed. Accused/petitioner is admitted to bail provided he furnishes bail bonds to the tune of Rs.3,00,000/- with two local, reliable and resourceful sureties each in the like amount to the satisfaction of learned Illaqa Judicial Magistrate/MOD, concerned. HBT/52/P Bail granted.
Judgment & Decree
ASSADULLAH KHAN CHAMKANI, J.
Petitioner Waqif, seeks bail in case FIR No.1014 dated 21.09.2015, registered under sections 399/400/401, P.P.C. and section.15 Khyber Pakhtunkhwa Arms Act, 2013, in Police Station Yakatoot, Peshawar.
2. Allegations against the petitioner are that he being a member of gang of dacoits and thieves, on 21.09.2015 at 12.00 hours, along with co-accused was present in the graveyard of Rehman Baba for the purpose of dacoity, thus was nabbed by the local police and from his possession a .30 bore pistol along with 5 live rounds was recovered from his possession.
3. Arguments heard and record perused.
4. In absence of any previous history of the petitioner qua his involvement in the cases of dacoity and theft as well as qua the factum of his preparation for the purpose of dacoity at the time of his arrest, application of sections 399, 400 and 401, P.P.C., requires further probe. So far as recovery of 30 bore pistol from possession of the petitioner is concerned, punishment of section 15, Khyber Pakhtunkhwa Arms Act, 2013, does not fall within the Prohibitory Clause of section 497, Cr.P.C. and in such like cases bail is a rule and refusal thereof an exception. There exists no exceptional circumstance to clog the way of bail to the petitioner.
5. Accordingly, this petition is allowed. Accused/petitioner is admitted to bail provided he furnishes bail bonds to the tune of Rs.3,00,000/- with two local, reliable and resourceful sureties each in the like amount to the satisfaction of learned Illaqa Judicial Magistrate/MOD, concerned. HBT/52/P Bail granted.