Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 392,411

Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), Ss.392/411---Robbery---Bail, grant of---Initially case was registered under S.382, P.P.C., but after recording supplementary statement of the complainant Ss.392/411, P.P.C. were added---Only recovery of mobile phone was effected---Challan of the case had been submitted---No progress in the trial of the case---Nothing was available on record as to why identification test of accused through witnesses was not held when name of accused did not appear in the F.I.R.---Accused was admitted to bail, in circumstances. Muhammad Rafique v. The State 1997 SCMR 412; Mumtaz alias Bholi and another v. State PLJ 2004 Cr.C. Lahore 633; Khalid Mehm000d v. The State 2005 YLR .1668 and Muhammad Tariq v. The State 2000 PCr.LJ 1840 ref. THIS ORDER PASSED BY: HAFIZ ABDUL REHMAN ANSARI, J.--- Muhammad Madni son of Muhammad Yousaf through the instant petition seeks post-arrest bail in case F.I.R. No.341 dated 3-9-2007, registered with Police Station Daira Raheem, District Sahiwal, at the instance of Muhammad Anwar Shad, for offences under sections 392/411, P.P.C. Petitioner has been declined bail by the learned Additional Sessions Judge, Sahiwal, vide order dated 8-8-2009, hence this petition. 2. Brief story, as narrated in the F.I.R., was that on 14-8-2007 at about 1-40 pm, while the Vehicle No.SLO-6771 was being driven by Muhammad Iqbal and Shabbir Ali, helper, near Harappa By-pass, petitioner along with his other co-accused who were riding on a 2-D vehicle commanded the complainant to stop the vehicle and on pistol-point snatched Mobile phones and an amount in cash of cash of Rs.12,536 from them and drove away front the place of occurrence. 3. Learned counsel for the petitioner contended that there is an unexplained delay of 20 days in lodging the F.I.R.; that the petitioner is not named in the F.I.R.; that no description for identification of the petitioner or other accused is given nor any identification parade was held; supplementary statement of the complainant was recorded on 3-9-2007 after 20 days of registration of the case that allegedly joint recovery of one mobile phone was effected from three…

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