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Petition for Special Leave to Appeal No. 14-P of 1968, decided on 5th April 1968.
(On appeal from the order of the High Court of West Pakistan, Peshawar Bench, Peshawar, dated the 25th March 1968, in Criminal Miscellaneous No. 60 of 1967/'Criminal Miscellaneous No. 50 of 1968).
Offence under S. 364-A, P. P. C. High Court cancelling bail of accused observing that offence under S. 364-A, P. P. C. was of grave character and no special circumstances envisaged by S. 497, Cr. P. C. existed-Order of High Court, held, proper ---Special leave to appeal refused by Supreme Court.
Khan Bahadur Khan, Advocate Supreme Court instructed by G. S. Gideon, Attorney for Petitioners.
Nemo for the State.
Date of hearing: 5th April 1.968.
This is a petition for special leave to appeal by Gulsher and others from an order of the High Court of West Pakistan, Peshawar Bench, declining to bail them out in a criminal case.
We have heard Mr. Khan Bahadur Khan in support of the petition. The facts are that on the 14th November 1967, a report was lodged with the Police at Toru in the Mardan District, by Syed Khardad Bacha, complaining of the disappearance of his minor grandson, Syed Murshed Ali, aged 5 years and 9 months, who was a student of the Ist class in a local primary school. Apparently, investigation was started and it transpired that the boy had been kidnapped by Badiuzzaman, petitioner, and one, Mukhtiar, who was an absconder. The other two petitioners, Gulsher and Tahirullah, were also, according to police investiga tion, concerned in the kidnapping of the boy. A case under section 364-A of the Pakistan Penal Code was, therefore, registered against the petitioners.
The learned Additional Sessions Judge, Mardan, admitted the petitioners to bail on the ground that the case against them was "arguable". This order was set aside by the High Court, who pointed out that the offence under section 364-A of the Pakistan Penal Code was of a very grave character and no special circumstances for bail such as those envisaged by section 497 of the Code of Criminal Procedure, existed in the case.
After hearing learned counsel for the petitioners we are satisfied that the High Court exercised its discretion in the matter properly in cancelling the bail allowed to the petitioners by the Additional Sessions Judge. We are unable to agree with the learned counsel that the offence, with which the petitioners were charged, was simply one falling under section 363 of the Pakistan Penal Code. If, as he concedes, the idea behind the kidnapping vas to subject the boy to ransom, then section. 364-A of the Pakistan Penal Code was clearly attracted. The petition is dismissed.
Leave refused.
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