This Court earlier turned down alike request of one of the petitioners namely Nosheen Naz vide order dated 28.12.2020 passed in Criminal Miscellaneous No.1269-B of 2020.
Bail of accused Sikandar Waseem was turned down by the learned Court of first instance twice vide orders dated 14.12.2020 and 02.02.2021 while that of Mohsin Waseem also through former order i.e. 14.12.2020.
Learned counsel for the petitioners contends that the accused/petitioners have since been declared innocent in the light of statement under Section 164 Cr.P.C got recorded by the alleged abductee, therefore, on this fresh ground petitioners are entitled to concession of bail.Under the principle of propriety, petitioners on having fresh ground have to move the court of first instance, as any comments upon merits by this Court may cause prejudice to the case of either side.
Proper course for the petitioners is to move the learned court of first instance with the fresh ground.
Disposed of.
(FIAZ AHMAD ANJUM JANDRAN)
JUDGE
ORDER SHEET
IN THE ISLAMABAD HIGH COURT,
ISLAMABAD
Crl. Misc. No.160 of 2021
Nosheen Naz, etc.
VERSUS
The state, etc.
Date of order of proceedings
08.03.2021 Mr. Abdul Rafeh, Advocate for petitioners.
Syed Shahbaz Shah, State Counsel.
Rao Muhammad Sarfraz, Advocate for respondent No.2.
Irshad Ahmad SI with record.
This is post-arrest bail petition by accused/petitioners Nosheen Naz, Sikandar Waseem and Mohsin Waseem.
0 Comments