Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S. 395---Qanun-e-Shahadat (10 of 1984), Art. 22---Dacoity---Bail, grant of---Further inquiry---Identification by a sole witness---Belated identification test parade---Accused and co-accused persons were alleged to have committed dacoity in a bank---Complainant identified the accused during identification parade---Name of accused was not mentioned in the F.I.R. nor any recovery of robbed property was made from him---Sole evidence against accused was his identification by complainant during identification parade before Magistrate---Such identification parade was held after six months of the alleged incident and after ten days of the arrest of accused---F.I.R. had mentioned that there were other persons in the bank at the time of incident and they had also seen the accused and co-accused persons, but none of them was called for identification test---Identification report contained remarks that one of the witnesses had been shown photographs of accused and co-accused persons, therefore, he was not allowed to participate in the identification test---Such remarks made the sanctity of identification test doubtful---Case was one of further inquiry---Accused was admitted to bail accordingly. ORDER FAROOQ ALI CHANNA, J.---By this application, applicant/accused seek bail, as he was booked in Crime No.433 of 2011 offence under section 395, P.P.C. of Police Station Defence lodged by complainant Shagufta Rizwan for committing dacoity in the Allied Bank Defence Housing Authority Karachi. It is stated in the F.I.R. that on 27-10-2011 some unknown persons entered in the bank and on gun point overpowered the complainant and other employees of the bank and thereafter looted away American Currency 1355 dollars, Ponds 695 , Uuros 1340, Prize Bond of Rs.27250 and Pakistani Rupees 32,97,316 such F.I.R. was lodged on the same day. As per prosecution case, present applicant along with other co-accused was arrested by CID Police after encounter and during interrogation accused admitted the guilt of this offence therefore they were also arrested in this crime and were produced for identification test before…

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