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NIZAM-UD-DIN vs State S — 2022 YLR 828 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLR 828 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
YLR
Parties
NIZAM-UD-DIN vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; S. 7---P; S. 497; Penal Code (XLV of 1860); Anti-Terrorism Act (XXVII of 1997)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NIZAM-UD-DIN VS State S. 497---Penal Code (XLV of 1860), Ss. 385, 386 & 34---Anti-Terrorism Act (XXVII of 1997), S. 7---Putting or attempting to put in fear of injury in order to commit extortion, extortion by putting a person in fear of death or grievous hurt, common intention, act of terrorism---Bail grant of---Further inquiry---Allegation against the accused-applicant was that he along with his other companions approached to the complainant at his factory and demanded bhatta/extortion money by force and on his refusal, they issued him murderous threats---Record showed that FIR was lodged by the complainant, after the delay of about fifty four days for which no satisfactory explanation had been furnished---Nothing on record to show that just after the incident, complainant had made any complaint with regard to alleged incident to higher authorities---Accused-applicant had not received any bhatha/extortion money from the complainant---Said facts of the case required further inquiry as to whether the incident had taken place in a manner as stated in FIR or otherwise---Record transpired that accused-applicant was arrested on 05.04.2019 in the present case when he was already under arrest in another case and nothing was recovered from his possession---Co-accused persons had already been granted bail by the Trial Court, although the allegations against them were almost on same facts therefore, following the rule of consistency the accused-applicant was also entitled for same relief---Allegedly, accused-applicant was involved in thirty two other criminal cases, but prosecution had failed to establish that he was ever convicted in any case registered against him---Bail could not be refused merely on the ground that certain other criminal cases had been registered against accused-applicant--- Accused - applicant had made out a case for further inquiry into his guilt within the meaning of S.497(2), Cr.P.C.---Bail application was allowed, in circumstances.

Other judgments reported in 2022 YLR

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