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MAHMOOD ALAM alias GRENADE vs State S — 2023 PCrLJN 27 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PCrLJN 27 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
MAHMOOD ALAM alias GRENADE vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; S. 7---E; 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

MAHMOOD ALAM alias GRENADE VS State S. 497---Penal Code (XLV of 1860), Ss. 384, 385 & 386---Anti-Terrorism Act (XXVII of 1997), S. 7---Extortion, putting person in fear of injury in order to commit extortion, extortion by putting a person in fear of death or grievous hurt, act of terrorism---Bail, grant of---Further inquiry---Allegations against the accused were that he took Bhatta of Rs.13,000/- and also issued threats of causing death of complainant if he did not increase the amount of Bhatta---Crime report showed that accused was used to take Bhatta from complainant putting him on fear on monthly basis---However, it was nowhere mentioned in FIR since how long complainant had been paying Bhatta to accused---Not only that, crime report was also silent as to whether complainant had ever reported the matter to law enforcing agencies regarding collection of Bhatta and action against the accused---Besides, it was alleged by complainant that last time accused took Bhatta from complainant on 1.7.2019 but he reported the matter to the police on 04.8.2019 after delay of more than one month---No explanation had been furnished by complainant for non-reporting the alleged incident to police promptly---Due to said aspects of the case the accused fell within the purview of further inquiry as contemplated under S. 497(2), Cr.P.C.---Accused was not arrested red-handedly while committing alleged offence rather it had been shown that he was arrested on 04.8.2019 after more than one month of the alleged incident with Bhatta amount of Rs.5000/----However, no particulars such as denomination and numeric of currency notes were given in the FIR---Record also reflected that accused was arrested on 04.8.2019 and since then he was in custody and despite of framing of charge, out of nine witnesses only complainant had been examined and if the Trial Court would proceed the trial with such a speed, the same would not conclude in near future---Case had been challaned and present accused was no more required for custodial interrogation---No useful purpose would be served by keeping the accused behind the bars---Accused was allowed bail, in circumstances.

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