Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 34,392

Criminal Procedure Code (V of 1898)--- ----S.497(2)---Penal Code (XLV of 1860), S.392/34---Robbery---Bail, grant of---Further inquiry---Name of accused did not transpire in the F.I.R. and no specific role had been assigned to accused---Complainant had not implicated accused and clearly deposed that there were three accused persons who had come to commit dacoity---Prima facie, no material was available with the prosecution to connect accused with the commission of alleged offence; and case of accused fell under the category of further inquiry under S.497(2), Cr.P.C.---Accused was admitted to bail, in circumstances. THIS ORDER PASSED BY: KHALID ALI Z. QAZI, J.--- Kamran Masih son of Nazir Masih presently confined in District Jail Malir Karachi seeks bail in Crime No.208 of 2007 under sections 392 and 34, P.P.C. Police Station Shah Latif Town, Karachi. 2. Brief facts of the prosecution case as narrated in the F.I.R. are that complainant Gulab Khan lodged at Police Station Shah Latif Townon 3-7-2007 stating therein that on 3-7-2007 at 1245 hours, after taking an amount of Rs.2,20,000 from Bank, he was going in his Car No.AAP-633 towards Yousuf Arfani Goth, at National Highway, when he reached near Afzal Motors, a HI-Roof No.CR-6202 of white colour to which four persons were sitting came; from behind side and stopped in front of his car, three young boys have pistols in their hands came to him while 4th accused remained sat at driving seat. After talking, one man pointed out pistol at his temple and drawn amount from the fold of his shalwar, two accused were white colour and one was small height. The driver also taken Rs.20,000 and mobile phones Samsung and fled away towards Karachi. 3. I have heard Mr. Khawaja Muhammad Azeem learned counsel for the applicant and Mr. Zafar Ahmed Khan learned Additional Prosecutor General, Sindh and perused the case record with the able assistance of the learned counsel for the parties. 4. Learned counsel for the applicant submits that P.W. 1 Muhammad Gulab, Khan complainant examined in Court at Exh.3 and deposed that on 7-7-2007 the Investigating Officer came at my godown at about 20-00 p.m. and took me towards main road I saw they…

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