PESHAWAR: The Peshawar High Court has turned down bail plea of an alleged extortionist arrested for demanding extortion money from people in the name of a proscribed organisation in Buner district.
A single-member bench consisting of Justice Mohammad Ijaz Khan, however, granted bail to two of his co-accused named Mohammad Bilal and Faisal, observing that there was nothing on record against them. The bench directed them to furnish two sureties of Rs200,000 each.
The bench rejected the petition of prime suspect Rahim Zada, observing that on tentative assessment of the available record, he was prima facie connected with the commission of the offence.
The bench observed that the offence also fell within the prohibitory clause of section 497 of the Code of Criminal Procedure and he was not entitled to the concession of bail.
During course of arguments, the petitioner’s counsel submitted that the complainant in the case had also entered into compromise with the suspect. The complainant, Sabir Ali, also endorsed his statement and said that he had no objection over releasing the suspect on bail.
Bench accepts petitions of two co-accused in the case
However, the bench observed that the section of law for which the petitioner was charged was non-compoundable.
The bench observed that keeping in view peculiar facts and circumstances of the case and the nature of allegations levelled against the petitioner and over and above the rise of such incidents was causing fear and terror amongst people and the offence was against the society at large, therefore, even on basis of compromise he was not entitled for the grant of bail.
The FIR against the suspect was registered at Swari police station in Buner on October 17, 2022, under section 387 (committing extortion) and 506 (criminal intimidation) of Pakistan Penal Code, section 25-D of Telegraph Act and section 7 of Anti-Terrorism Act.
The complainant had given an application to the district police officer (DPO) stating that he had constantly been receiving threatening telephone calls since September 30, 2022. He claimed that the caller identified himself as commander Qari Abdullah of the proscribed Tehreek-i-Taliban Pakistan (TTP) and demanded Rs3 as extortion.
The complainant stated that the caller threatened to kill him and his family members if he did not pay the said amount.
Police claimed that they laid a trap and asked the complainant to place a paper carton in Pir Baba area as per demand of the alleged extortionist. They said that the prime suspect came there on motorcycle and when he picked the carton he was arrested.
Rahim Zada claimed innocence and stated that he was told by Dawlat Khan to go there and pick a carton placed there.
Earlier his bail petition was rejected by an anti-terrorism court in Buner on November 10, 2022.
The ATC had also ruled that such extortion was a heinous offence, which fell within the meaning of terrorism as it created sense of fear and insecurity in the society. The court had observed that such offences halted business activities and deprived people of their hard earned money.
Published in Dawn, January 23th, 2023