Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 497(2)---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(2)---Bail---Complainant had not implicated the accused in the commission of the offence at the trial---Court in view of non­availability of evidence had no option but to release the accused on bail in view of subsection (2) . of 5.497, Cr.P.C., scope of which was available during the course of investigation, inquiry or trial---Accused were in Jail for the last more than six months and that Trial Court had yet to record further evidence for deciding the whole case---Nothing had been robbed from the complainant as mentioned in the F.I.R. and it was an attempt of robbery which did not fall within the prohibitory clause of S.497(1), Cr.P.C,--­Accused were admitted to bail in circumstances. Muhammad Arif v. The State 1999 MLD 939; Muhammad Ismail v. Muhammad Rafique and others PLD 1999 SC 585 and Malik Amanullah v. State 1998 PCr. LJ 914 ref.. JUDGMENT This bail application has been filed on behalf of Mashooq Ali and Muzzafar kli who are facing trial in Sessions Case No.34/2001 as both the applicants were arrested on 11-6-2001 in Crime No.40/2001. The said incident taken place on 11-6-2001 at 21-00 hours and the report was lodged on the same day at about 22-15 hours with.Police Station C Section of District Sukkur under section 1712 Offences Against Property (Enforcement of Hudood) Ordinance, 1979. The bail application was moved in the trial Court which was dismissed on 10-11-2001 by the learned Sessions Judge, Sukkur. The similar bail application has been moved before this Court on the ground that the trial Court has recorded the evidence of complainant who has not supported the prosecution case as being eye-witness of the incident. The brief facts as depicted in the F.I.R. are that on 11-6-2001 complainant Muhammad Ismail lodged his F.I.R. with Police Station Section Sukkur wherein he has stated that he is working as. Chowkidar in Laxen Tobbaco Company situated near Local Board Office, Sukkur, his duty hours are from 6-00 p.m. to 9-00 p.m. on 11-6-2001 while he was on duty when at about 9-00 p.m. two persons intruded in the office,…

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