| Citation(s) |
|---|
| 2014 SLG 582 2014 SLD 582 2014 MLD 1223 |
Lahore High Court
Criminal Miscellaneous No. 9833-B of 2013, decided on 05-08-2013.
ABDUL SAMI KHAN, JUSTICE
Rana Muhammad Nawaz for Petitioner. Mian Imran Kaleem, Deputy Prosecutor General along with Iqbal S.I. for the State.
Criminal Miscellaneous No. 9833-B of 2013, decided on 05-08-2013.
ABDUL SAMI KHAN, JUSTICE
Rana Muhammad Nawaz for Petitioner. Mian Imran Kaleem, Deputy Prosecutor General along with Iqbal S.I. for the State.
BILAL
VS
THE STATE AND OTHERS
Law:
Section:
(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 392 & 411---Qanun-e-Shahadat (10 of 1984), Art. 22---Robbery , dishonestly receiving property stolen---Bail, grant of---Further inquiry---Non-holding of test identification parade---Delay in registration of F.I.R.---Implication through supplementary statement of complainant---Effect---Accused was not named in the F.I.R. and was involved in the case through supplementary statement of complainant recorded after four months and eighteen days of the occurrence, and that too without identifying any source---No test identification parade was conducted---Delay of fifteen (15) days in registration of F.I.R. had not been explained, which prima facie showed that F.I.R. had been recorded after due deliberations and consultations---Accused could not be denied bail only on the ground that some cash had been recovered from him---Accused was a previous non-convict---Investigation of the case was complete---Case was one of further inquiry---Accused was granted bail in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 161 & 497---Bail---Implication of accused based on supplementary statement of complainant recorded without disclosing any source of information----Effect---Such a supplementary statement had no value in the eyes of law. 1996 SCMR 511 rel. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Qanun-e-Shahadat (10 of 1984), Art. 22---Bail---Accused not named in the F.I.R.---Test identification parade, significance of---When accused was not named in the F.I.R., test identification parade became mandatory to establish identity of actual culprits---Test identification parade was not only a check against false implication but was a good piece of evidence against actual culprits. 1997 SCMR 971 rel. (d) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 392-- Qanun-e-Shahadat (10 of 1984), Art. 22---Robbery---Bail---Test identification parade, holding of---Holding of test identification parade could not be dispensed with simply because accused, who allegedly committed the robbery, was subsequently found in possession of robbed…
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