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2010 YLR 2447

AKHTAR HUSSAIN vs THE STATE

Citation2010 YLR 2447
CourtPeshawar High Court
Case No.Bail Petition No. 163 of 2010
Date2010-02-19
Judge(s)Liaqat Ali Shah
ResultBail granted

' LIAQAT ALI SHAH, J.---The petitioner Akhtar Hussain seeks bail in F.I.R No.54 dated 17-1-2010 of Police Station Phando District Peshawar.

2. On 17-1-2010 S.H.O. Noor Elahi checked two persons, riding on their Motorcycle (sic) as well as their Motorcycle. From the seat of the Motorcycle 6 packets of Charas were recovered, which on weighing came to 10 KGs. The accused disclosed their names to be Ayaz and Fayaz sons of Niaz Muhammad. During the course of interrogation, according to the learned counsel for the petitioner as well as the learned Addl. Advocate- General two accused disclosed the name of the present petitioner, the actual beneficiary of the allegedly recovered Charass, and on the basis of their statement so recorded by the police the present petitioner was arrested.

3. I have heard the learned counsel for the parties and perused the record.

4. The learned Additional Advocate-General could not controvert the position highlighted above that the present petitioner stands implicated in the present case on the basis of statements of accused recorded by the Police. What is the legal worth of the statement of an accused person recorded by the police needs no explanation. The statement so recorded in no way can constitute reasonable grounds to believe that the petitioner is guilty of the offence charged with.

' This application is accordingly allowed and the petitioner shall be released, if bail bonds in the sum of Rs.3,00,000 with two sureties each in the like amount are provided to the satisfaction of the trial Court.

Cited by 1 case

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