Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 392/34---Robbery, common intention---Bail, grant of---Further inquiry---Exoneration affidavits submitted before Trial Court---Case of two versions---Accused and co-accused persons were alleged to have robbed motorcycle, mobile phones and cash from the complainant party---Contention of accused were that complainant and prosecution witnesses had sworn affidavits before the Trial Court, in which accused had been exonerated; that he was no more required for investigation, and that case against him was of two versions---Complainant had clearly stated in his affidavit, sworn before the Trial Court, that he did not mention name of accused in the F.I.R.---Prima facie, there were two versions of the prosecution case and bail could not be refused in circumstances of the case as punishment---Prosecution case against accused required further inquiry and he was admitted to bail, accordingly. Muhammad Najeeb v. State 2009 SCMR 448 rel. ORDER NAIMATULLAH PHULPOTO, J.---Applicant/accused has applied for post-arrest bail in Crime No.45 of 2012 registered at Police Station, Darri, Larkana against the accused on 3-4-2012 under sections 392, 34, P.P.C. 2. Brief facts of the prosecution case as disclosed in the F.I.R. are that on the day of incident complainant along with maternal cousin Muhammad Aslam and relative Nizamuddin left New Murad Wahan to Resham Galli, Larkana. After finishing work, they were returning back. At 8.00 p.m. they reached outside the house in the street, where they saw three accused persons on the electric light. They were identified as Mujahid son of Muhammad Malook Chandio, 2. Zahid son of Budhal Korai and third unknown. All the accused were carrying TT Pistols. Forcibly motorcycle of the complainant party was stopped. It is alleged that accused snatched motorcycle. Thereafter accused Mujahid robbed two mobile sets from the complainant, and accused Zahid robbed Rs.4000 from P.W. Muhammad Aslam. The unknown accused robbed Rs.400 from complainant. Thereafter, accused persons drove away on the said motorcycle. Complainant went to the Police Station and lodged F.I.R. under the…

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