Irfan ullah VS the State.

lPagel

BEFORE THE PESHAWARHIGH COURT

MIN GORA BEN CH / DARUL OAZA SWAT

Bail ApplicationNo.584-M 2077

Irfon Ullah S/o Ustwn AIi R/o Rang Mohallah, Mingora, Distict :-,),, Szuat, presently confincd in District :.: Jail Timergara.

iar (r 't:<) \ :.. l'1 .,...Acansed / Petitioner 1.,i]

tii YERSES

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1.The Stata through Additional Afutocatz General, peshazoar High Court Mi,inogra Benclr / Darul Qaza Swat.

2.Sohrab Khan (Sl) Police Station Mingora, Di:strict Swat.

...Respondents

FIRNo. 7753 Dated: 75-77-2077 Cha eNoj 279/A7 PPC-gC CNSA Police Station: Minsota

PETITION UNDER SE CTION 497 Cr. PC FOR THERELEASE OFA CCUSED PE fITIONER ON BAIL.

R llu Shmteth;

The petitioner submits as under,

1.That, the petitioner is booked. for thc alleged offence and since thcn is behind the bar (Copy of the FIR is attaclud as annexure

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2.That tlv acanxil / petitioner filed bail application before the District €t Sessions lydge / Zilln Qazi Stoat, uhich entrusted to AdditionVl Sesqiglts;lud71,/ Izaf Qilla QTzi .VI Soat, uho aide ' I i' 'i i

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JUDGMENT SHEET

IN HE PESHAWAR HIGH COURT,

MTNGORA BENCH (DAR-UL-Q AZA),SWAT

(fudbial Departmen) Cr.M B.A. No. 58,t-NIlZ0l7.

.IUDGMENT

Date of hearing: 10. 01.2018

Petitloner:- firfun UllaD bv Fsrid Ahmad. Advocate.

Resnon dents:- (the & I another) bv Miss it Umaira Shaukut. Stau counsel ,r) /r) ,'.tl' '(1,, .. -J MOHAMMAD IBFAHIM KEAN. J.- ON hiS .a) -' implication, the accusedlPetitioner Irfan Ullah in case FIR No. I153 dated 15.11.2017 charged under sections 279, 427 PPC & 9 (C) CNSA registeied at Police Station Mingora Dishict Swat is optimistic for the grant of his post arrest bail.

,' Prior to, the prayer of the Petitioner for the similar relief before the Court of leamed ,)- Additional Sessions Judge-Vlflzafi Zila Qazi/Judge Special Court Swat through B'A'

No. ieZ+ of the year 2017 was dismissed by an order dated ll.l2.2}l7 for the all reasons enumerated therein.

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3 The'l[urasila' followed by lodging of the First Information Report woul{ reveal that the complainant Sohrab Khan Sub Inspector was present at the place of occurrence along with other police offrcials and were in mobile Ghast of the lllaqa.Upon receiving information that through motorcar GLT-6922 (golden color) huge quantity of Chars would be smuggled. In view. of such information, they started surveillance of the motorcar. In the meanwhile, the said motorcal the particulars of which as mentioned above emerged from Kokarai side driven by co-accurted Karim Ullah. It was given signal to halt but driver of the motorcar tried to escape from the spot. He was chased down by Constable Sultanat Khan through motorcycle, but the accused/driver hit the said motorcycle due to which it was damaged/jammed. After me time the motorcar was overpowered, the f, u-) "o accused Karim Ullah was arested while co' accused decamped from the spot. During search of the motorcar, out of its rear seat the police recovered 6 packets of Chars wrappqd up in

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white plastic bag On weighment these 6 bags pontai ned 6224 grams Chars. Out of which 5/5 grams were sgparated for chemical analysis while rest of the rr:covered stuff was sealed into separate parcels.r Later on during cursory interrog;ation, thr' co-accused Karim Ullah disclosed the nanre of present petitiorier Irfan Ullah to be the joint-owner of contraband Chars; therefore, he was arrayed as an accused in the case and thereby arrested accordingly.

4 Havin;g heard arguments of learned counsel for the Petitioner and leamed State counsel, record with their assistance gone through.

5 Perusr.l of the record would reveal t that thr: alleged recovery of Chars weighing 6224 .Eams har; not been effected from f, d)^ posliession of the present "d'^t" accuse<UPetitioner Irfan Ullah, rather it has been recovered from lhe motorcar driven by co- accuserl Karim Ullah. The name of this accused/Petitionel' came to surface on disclosure

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of co-principal aacused Karim Ullah that the person who had decamped from the venue of crime rvas stated to be the present Petitioner Irfan Ullah. Whether this admission on the part of co-accused is a fact or otherwise accused/ Petitioder has been implicated in the case to settle his own personal terms by the co-accused (Karim Ullah), this aspect of the case could better be determined by the learned trial Court after reconding of the evidence. Hence , at this stage the case o[ Petitioner falls within the ambit of further inquiry and as such he is entitled to the concession ofbail.

6 As far as other sections of law levied against accused/Petitioner i.e. 279 & 427 PPC are concemed, these sections of law entail punishment for a term which may extend to two years'or with fine'or both, therefore, do not fall ,rl- within the prohibitory clause of sectioh 497 (l) Cr.P.Cr Even otherwise, applicability of these sections in respect of present accusedlPetitioner Would bome unddr scrutiny during trial, as the allegedr motorcar' was driven by co-accused Mr. l{fi. f,lotmrd lltrll. LL.

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Karim Ullah rashly and negligently due to which mischief v'as caused to the motorcycle owned by the Police Department.

7 With respect to the involvement of the accusedPetitioner in cases like one, suffice it to say,, let its fall out be considered by the learned trial Cour at the time of the disposal of the case on merits. Above all, investigation is complete, case is ready for trial and, as such, accusecl/Petitioner is no longer required to the local police for further investigation,

8.In vierv of the above, the Petitioner is entitled to the cotrcession of bail. Hence, he is asked to fumish bail bonds in the sum of Rs' 100,000/- (Rupees one lac) with two sureties each in the like amount to the satisfaction of leamed Trial Court, who shall ensure that the sureties are local, reliable and men of means'

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9.These the reasons of my short order ofeven date.

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10.It is pertinent to mention here that the in observations made above are purely tentative ATTEST E E iEa(*l.)ll-'aMi x.air.d t;r-EE !: " tri, la( I Eench Dei ,. S\,{at, l'a,.\L'!"

nature and should in no way prejudice the case of either party during:trial.

tp).-- Announced g- Dt: 10. r.20t8 JUDGE

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