| Case ID |
206f48f1-6447-4ddd-a395-ca5457c70311 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 695 of 2007 |
| Decision Date |
Jul 16, 2007 |
| Hearing Date |
Jul 16, 2007 |
| Decision |
The Peshawar High Court, presided by Justice Talaat Qayum Qureshi, dismissed the bail application of the accused-petitioner, Abdul Qadir, who was charged under various sections of the Pakistan Penal Code and the Offences Against Property (Enforcement of Hudood) Ordinance. The court found that there was sufficient evidence against the petitioner, including a direct charge in the FIR and an independent witness who corroborated the complainant's account. The court emphasized the rising trend of dacoities, indicating a serious threat to public safety, which influenced the decision to deny bail. The absence of an identification parade was noted but deemed insufficient to grant bail, affirming that the lack of such a parade does not automatically entitle the accused to release. The court highlighted the gravity of the offenses and the need to maintain public order. |
| Summary |
The case revolves around a serious criminal offense involving the accused-petitioner, Abdul Qadir, who was implicated in a kidnapping and robbery incident. The complainant, Abdul Qadir, reported being abducted and held captive by the accused and co-accused, who were armed and dangerous. The court reviewed the evidence, including the complainant's testimony and the recovery of chains used to restrain him. Despite arguments from the defense regarding procedural issues, such as the lack of an identification parade, the court concluded that the evidence presented was compelling enough to warrant the denial of bail. This case underscores the importance of judicial scrutiny in criminal proceedings, especially in light of the increasing incidents of dacoities that threaten community safety. Keywords related to this case include bail application, criminal charges, identification parade, public safety, and judicial decision-making. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Talaat Qayum Qureshi
|
| Lawyers |
Jan Muhammad Khan,
Khanzada Ajmal Zeb Khan,
Ubaidulah Anwar
|
| Petitioners |
Jan Muhammad Khan
|
| Respondents |
Another,
Abdul Qadir
|
| Citations |
2007 SLD 1318,
2007 MLD 1660
|
| Other Citations |
Syed Hashim Raza v. The State 1987 PCr.LJ 1609,
Tariq v. The State 1987 PCr. LJ 972,
Mahboob Iqbal v. The State 1986 PCr. LJ 2522,
Rahat Ali v. The State (2001 PCr.LJ 98)
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860,
Qanun-e-Shahadat (10 of 1984),
Offences Against Property (Enforcement of Hudood) Ordinance 1979
|
| Sections |
497,
148,
149,
365-A,
381-A,
22,
17(3)
|