P L D 2009 Islamabad 7 (PLP)
KHAN AFSAR — Petitioner Versus THE STATE — Respondent
| Citation | P L D 2009 Islamabad 7 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | KHAN AFSAR — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in P L D 2009 Islamabad 7 (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2009 Islamabad 7 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2009 Islamabad 7 (PLP) (KHAN AFSAR — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Akram for Petitioner.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss.392/395/400/412
Accused was identified during the identification parade and recovery of looted amount had been effected from the accused
Car which was used in the occurrence had also been recovered from the accused
Only tentative assessment was to be made and deeper appreciation was not permitted under the law at bail stage
Sufficient incriminating material was available on record which connected the accused with the occurrence
Offences against accused fell under the prohibitory clause of S.497, Cr.P.C.
Challan had already been submitted before the court and charge had also been framed
No enmity existed between the parties which could suggest false implication of accused in the case
Accused having been unable to make out his case for post-arrest bail, his bail petition was dismissed.
Judgment & Decree
RAJA SAEED AKRAM KHAN, J.
The petitioner seeks his post arrest bail in case F.I.R. No. 376 dated 7-9-2006 for offences under sections 392/395/400/412 PPC Police Station Kohsar, Islamabad.
2. Brief facts for disposal of this petition are that on 7-9-2006 at 12-30 noon four persons while armed with fire arm weapons entered into the office of the complainant with the name and style of Nobel Currency Exchange (International) Blue Area, Islamabad and snatched away cash Rs.20,00,000 from the staff on gun point.
3. Learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case and he was not nominated in the F.I.R. and fake recovery has been planted upon the petitioner. He further submitted that although identification parade has been held in this case yet statements of both the eye-witnesses are inconsistent with each other which makes the case of petitioner that of further inquiry. Further submitted that petitioner is behind the bars for the last two years but there is no progress in the trial so far. He further submitted that petitioner is a government employee who is only bread winner of the family and his confinement is creating a great hardship for the family.
4. On the other hand learned Federal. Counsel assisted by learned counsel for the complainant has vehemently opposed this bail petition and submitted that petitioner was identified by the complainant during the identification parade which was held according to law. Recovery of Rs.50,000 has been effected from the petitioner and vehicle No.IDN/9756 which was used in the occurrence has also been recovered from the petitioner. There is sufficient material available on record which connects the petitioner with the occurrence. Further that offences fall within the ambit of prohibitory clause of Section 497 Cr.P.C. Challan has already been submitted in the Court and charge against the petitioner has been framed.
5. I have heard the arguments advanced by both the parties and perused the record.
6. Petitioner was identified by the complainant during the identification parade and recovery of Rs.50,000 has been effected from the petitioner. The car which was used in the occurrence has also been recovered from the petitioner. Only tentative assessment is to be made and deeper appreciation is not permitted under the law at bail stage. There is sufficient incriminating material available on record which connects the petitioner with the occurrence. Further that offences fall under the prohibitory clause of Section 497 Cr.P.C. Challan has already been submitted before the Court and charge has also been framed. There is no enmity between the parties which could suggest false implication of the petition in this case.
7. Resultantly at this stage petitioner is unable to make out his case for post arrest bail, therefore, instant bail petition is hereby dismissed. H.B.T./K-38/ISL???????????????????????????????????????????????????????????????????????????????????????????? Bail refuse