Case Details

Citation(s)
2013 SLG 2599 2013 SLD 2599 2013 YLR 1300
Lahore High Court
Criminal Miscellaneous No. 13434-B of 2012, decided on 27th September, 2012
SHAHID HAMEED DAR, J
Ch. Sohail Arif Sandhu for Petitioner. Mirza Abid Majeed, Deputy Prosecutor General Punjab for the State with Riaz S.I

ABDUL SAMAND

VS

The STATE and another

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 395 & 397---Dacoity, robbery or dacoity, with attempt to cause death or grievous hurt---Bail, grant of---Further inquiry---Personal grudge of police---Possibility of false implication---Belated test identification parade---Truck belonging to complainant had been intercepted on a main road by two cars, wherefrom armed men alighted and drove away the truck, which was loaded with yarn---Complainant rendered a supplementary statement before the investigating officer whereafter a test identification parade was conducted during the course of which accused was picked up with the allegation that he was the person driving one of the cars which intercepted the truck---Accused was neither nominated in the F.I.R. nor in the supplementary statement of the complainant---Probability of false implication of accused existed as he had filed a writ petition against the Station House Officer of the Police Station concerned for recovery of his employees and vehicles---Bailiff appointed by Court found the said vehicles belonging to accused parked at the Police Station concerned---Fury of the Station House Officer in such circumstances was understandable---Test identification parade took place about 5 ½ months after the occurrence, the veracity whereof could not be truly assessed at bail stage---Accused had no criminal history-Investigation into the case was complete and challan had already been submitted before the Trial Court---Accused was admitted to bail in circumstances. ORDER SHAHID HAMEED DAR, J.---The petitioner seeks bail after arrest in case F.I.R. No.75, dated 22-2-2012, under sections 395 and 397 P.P.C., registered at Police Station Mananwala, District Sheikhupura. 2. Tanveer Ahmad is the complainant of the above said case, who has, precisely, alleged in the F.I.R. that his truck bearing Registration No.LHP-297 loaded with yarn worth Rs.32,50,000 was being driven by Muhammad Khalil with Shehzad alias FM as his helper, towards Mananwala on 21-2-2012, when it arrived at a distance of about 1 km from the G.T.Road, it was intercepted by two cars, wherefrom six unknown armed men alighted…
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