Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.395 & 412---Dacoity, lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment---Bail, grant of---Further inquiry---Belated identification parade---No recovery effected---Effect---Accused and co-accused persons allegedly committed dacoity at the house of complainant---Accused was not nominated in F.I.R.---Accused was initially arrested in another case and Investigating Officer submitted application before Magistrate requesting that accused was required in the present F.I.R.---Said application was allowed by Magistrate with a direction to conduct investigation in jail---Identification parade was held with a delay of 22 days---During investigation parade only one person identified the accused---Police did not produce any witness before the Magistrate---No recovery was effected from accused---Challan had already been submitted---Case was one of further inquiry---Accused was admitted to bail accordingly. Tareen v. The State 2005 YLR 184 and Pervaiz and 3 others v. The State 2005 YLR 3236 ref. ORDER AFTAB AHMED GORAR, J.---Applicant seeks post-arrest bail in case F.I.R. No.119 of 2012 registered under section 395, P.P.C. Police Station Defence South Karachi. Precise allegations as per F.I.R. are that in all six accused identifiable by face entered into house of complainant at midnight time and committed dacoity of gold ornaments, mobile phones and licensed revolver. Learned counsel for the applicant submits that applicant has falsely been implicated by the prosecution in this case. He submits that nothing incriminating has been recovered from the applicant/accused. He submits that as per prosecution case photocopies CNICs of Rehmatullah, Sarfraz and Muhammad Tarique were placed before the complainant out of them only Rehmatullah was identified by the complainant. He submits that applicant/ accused was arrested on 18-6-2012 and interim challan submitted by the prosecution 27th July, 2012 after delay of about 22 days. He submits that prosecution has violated section 173, Cr.P.C. He submits that applicant/accused is remanded to…

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