Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.20---'Haraabah' liable to Tazir---Bail, grant of---Further inquiry---Since no eye-witness was available in the case, provisions of S.20 of Offences Against Property (Enforcement of Hudood) Ordinance, 1979, were not attracted---Identification parade was held in the case after 8 days of the arrest of accused without any explanation for such delay---Possibility existed that Police had shown accused to the complainant during custody---No recovery had been effected from accused or on his pointation---Allegations against accused appeared to be ill founded, vague and general in nature---Accused whose case was one of further inquiry, was behind the bars since more than one year without trial, which amounted to punishment before --Accused was admitted to bail, in circumstances. THIS ORDER PASSED BY: DR. RANA MUHAMMAD SHAMIM, J.--- The applicant has assailed the impugned bail order dated 10-12-2007 whereby learned trial Court has refused bail to the applicant in a crime registered at Police Station Khanoth under section 20 Harrabah Hudood Ordinance. The facts of the case are that complainant is driver of an ambulance bearing No.KM-7264 belonging to Hussain Coal Mines Company of Mir Bux Rajar. When after leaving a patient at Hyderabad he reached at Zemi Bus Stop at 1230 hours, he saw that a coach was coming from opposite side and a corolla car was parked nearby him he stopped the ambulance in order to get the coach passed three persons came out from the car, who were armed with pistol came near him and forcibly got him alighted from the ambulance and forced him to sit in the car. Two other persons took the ambulance drove away and robbed from him one Mobile Phone Rs.2000 cash, his NIC and wrist watch and took him in the car and dropped at Petaro link road with blind folded eyes and hands. He got his eyes and hands opened by the people passerby and narrated the facts to the concerned officials. Learned counsel for the applicant contends that the applicant is innocent and has falsely been implicated in the case, otherwise the provisions of…

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