Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 34,392

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 392/34---Robbery, common intention---Bail, grant of---Statutory delay in conclusion of trial---Accused was in jail for a period of more than 14 months---Delay in conclusion of trial was occasioned by the prosecution---Charge against accused had been framed---Prosecution witnesses never appeared before the Trial Court and non-bailable warrants of their arrest were repeatedly issued to secure their appearance---Delay in conclusion of trial was not occasioned by an act or omission of accused or any person acting on his behalf---Accused was neither a previously convicted offender for an offence punishable with death or imprisonment, nor was he a desperate or dangerous criminal or accused of an act of terrorism punishable with death or imprisonment for life---Accused was admitted to bail on ground of statutory delay in conclusion of his trial. THIS ORDER PASSED BY: AFTAB AHMED GORAR, JUSTICE:---.--- Applicant is booked in Crime No.377 of 2011, under section 392/34, P.P.C., Police Station Maripur. Applicant in the place applied for bail before learned I-Additional Sessions Judge, Karachi-West, who dismissed the same per orders dated 7-2-2012 and 13-8-2012. Against the aforesaid orders present bail application has been filed. Precisely, the facts of the prosecution case are that the complainant lodged an F.I.R. on 27-9-2011 stating that he along with his laborers were busy in work at Ilyas godown, when at 0015 hours two persons came and snatched mobile phone, Rs.300 and colored copy of CNIC from complainant and snatched Rs.250 and china mobile phone from P.W Iqbal. Thereafter complainant party made noise, which attracted police of Police Station Maoch Goth, who apprehended both accused persons at some distance. Police enquired about their names, to which they disclosed their names as Shehr Yar and Zambeer. Police party recovered one T.T. Pistol of .30 bore without number from Shehr Yar loaded with four bullets, snatched mobile, Cash of Rs.300 and copy of C.N.I.C. and from applicant/accused Zambeer recovered one T.T. Pistol of .30 bore without number loaded with five bullets, snatched…

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