1999 PLP 2384 (YLR)

This order, in addition to the present bail petition, will also dispose of the following bail petitions:‑‑

1. Criminal Miscellaneous No. 1510 of 1998, (Abdur Raziq v. The State)

2. Criminal Miscellaneous No. 1519 of 1998. (Muhammad Siddiq The State).

2. The petitioners herein have been charged for having committed offences punishable under sections 419, 420, 468 and 471, P.P.C. vide F.I.R. No. 19 registered at Police Station, C.I.D., Peshawar on 5‑11‑1998.

3. The facts of the case, stated briefly, are that the C.I.D. had received a secret information that petitioner/ accused Abdur Raziq (Criminal Miscellaneous No. 1510 of 1998), involved in another case ‑registered vide F.I.R. No. 14 under section 401/420/ 471 /468/ 109/201, P. P. C. at Police Station C.I.D., Peshawar on 6‑9‑1995 was to go to Peshawar from Darra (Tribal Territory) in Suzuki Car No. PRN‑1691. On receiving this information, the A.I.‑G., C.I.D., directed his staff to hold a "Nakabandi" at Zangali Check Post and to arrest the said accused, a fugitive from law. The directions of the A.I.‑G. were duly complied with. The Suzuki, when arrived at the place of Nakabandi from Darra side, was stopped. At the relevant time the same was being driven by petitioner Abdur Raziq (Cr.Misc. No.1510 of 1998). He was accompanied by Najeebullah, Mubarak Shah and Muhammad Ikram (Cr. Misc. No.1498 of 1998) and Siddique (Cr. Misc. No. 1519 of 1998).

4. All the four accused travelling in the Suzuki, were accordingly arrested. Nothing was, however, recovered from their possession.

5. However, the search of petitioner Abdur Raziq led to the recovery of a forged "identity card" issued in the name of Javed but containing the photo of Abdur Raziq. The thorough search of the Suzuki led to the recovery of a two plastic bags containing five (5) forged National Identity Cards, two (2) forged registration copies, one Mobile Phone set and other forged documents in respect of some vehicles (detail not given). All the documents were taken into possession by Aziz Muhammad, Inspector, who held the "Nakabandi".

6. A detailed Murasila was drafted/scribed in respect of the incidence, on the spot, and was sent to the Police Station, C.I.D., Peshawar. On the basis of the Murasila F.I.R. in hand was duly registered.

7. Mr. Assadullah Khan Chamkani, Advocate, Mr. Fida Gul, Advocate, Mr. Iqbal Hussain Khalil, Advocate and Mr. Javed A. Khan, Advocate, learned counsel for the petitioners and Kh. Azhar Rashid, Assistant Advocate‑General, N.‑W.F.P. assisted by Mr. Qasim Jan, Advocate/Law Officer present and heard. I have gone through the record of the case with some degree of care.

8. It may be stated at the out set that all the petitioners were arrested on 5‑11‑1998 and are behind the bars since then (4‑1/2 months). They are no more required for further investigation by the Investigating Officer. The offences with which they have all been charged do not fall under the prohibitory clause of section 497, Cr.P.C., therefore, no useful purpose would be served to keep them behind the bars for indefinite period. Their prayer for bail is accordingly accepted.

9. The petitioners namely, Najibullah, Mubarak Shah and Muhammad Ikram, shall be released forthwith, if not required in any other case, provided they furnish bail bonds in the sum of Rs.1,00,000 (Rs. One lac) with two sureties, each in the like amount, to the satisfaction of the Additional Registrar (Judicial)/Deputy Registrar of this Court.

10. Petitioner Abdur Raziq (Criminal Miscellaneous No. 1510 of 1998) from whose possession forged documents and the Mobile telephone were recovered shall be released, if not required in any other case, provided he furnishes bail bonds in the sum of Rs.2,00,000 (Rs. Two lacs) with two sureties, each in the like amount, to the satisfaction of the Additional Registrar (Judicial)/Deputy Registrar of this Court.

11. Petitioner Muhammad Siddique (Criminal Miscellaneous No. 1519 of 1998) shall be released if not required in any other case, provided he furnishes bail bonds in the sum of Rs.1,00,000 (Rs.One lac) with two sureties each in the like amount, to the satisfaction of the Additional Registrar (Judicial) /Deputy Registrar of this Court.

12. The Additional Registrar/Deputy Registrar shall see that the sureties are respectable persons, hail from the settled areas of District Peshawar and have sufficient property in their names. The sureties shall furnish their property documents/copies of their identity cards to the Additional Registrar/Deputy Registrar for record. H. B. T./450/P Bail granted.