Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(3)---Penal Code (XLV of 1860), S. 395---Haraabah, dacoity---Bail, refusal of---Allegation against accused and co-accused persons was that they entered into the house of the complainant and robbed house hold articles along with cash---Although name of accused did not transpire in the F.I.R. but he was subsequently identified along with specific role through identification parade before the Magistrate---Recovery of robbed property along with weapon had been effected from exclusive possession of accused---Offence fell within prohibitory clause of S. 497, Cr.P.C---All prosecution witnesses had implicated the accused in their statements under S. 161, Cr.P.C---Bail application of accused was refused, in circumstances. Badaruddin v. State 2008 PCr.LJ 495; Mehmood Ahmad v. State 1995 SCMR 127; Muhammad Ali v. State 2010 PCr.LJ 1120, Abdul Hameed v. State 2004 MLD 413; Faisal v. State 2011 PCr.LJ 1178; Muhammad Ayaz v. State 2011 SCMR 769; Khadim Hussain v. State 1985 SCMR 721 and Tariq Bashir v. State PLD 1995 SC 34 ref. ORDER RIAZAT ALI SAHAR, J.---Applicant Ghulam Hussain son of Hussain Bux has been involved in Crime No.144 of 2011 of the Police Station, Bhitai Nagar for offences punishable under section 17(3) Offences Against Property (Enforcement of Hudood) Ordinance, 1979 read with section 395, P.P.C. 2. The relevant facts, as per prosecution case, are that on 4-9-2012 the applicant along with co-accused persons entered into the house of complainant and robbed house-hold articles along with cash. During the course of investigation, applicant was arrested on 13-12-2011 and after holding identification parade the report under section 173, Cr.P.C. (challan) was submitted on 26-12-2011 before the competent court of law. 3. It is, inter alia, contended by the learned counsel for the applicant that the name of present applicant does not transpire in the F.I.R.; identification parade is defective, recovery of alleged robbed property is foisted upon the applicant, the case is one which requires further inquiry, therefore, applicant is…

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