Law:

Section:

(a) 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---Delay in lodging F.I.R.---Rule of consistency---Implication on basis of further statement of complainant---Effect---Allegation against accused was that on his alleged instigation co-accused robbed complainant of his cash---F.I.R. was lodged with a delay of 7 days without any plausible explanation---Accused was involved in the present case on basis of further statement of complainant, which was recorded 24 days after the occurrence---After arrest of accused he was not produced before any Magistrate and was shown as arrested after his father filed a habeas corpus petition---Co-accused had already been granted bail and case of accused was on a better footing compared to that of co-accused---Case against accused was one of further inquiry---Accused was admitted to bail accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Rule of consistency---Scope---Where a co-accused in a case, to whom a role similar to that of the accused was attributed, had been released on bail, accused should (also) be released on bail on the principle of consistency. Muhammad Afzal alias Bodi v. The State 1979 SCMR 9 rel. ORDER AFTAB AHMED GORAR, J.---Through this application, applicant Asad Ali seeks post arrest Bail in Crime No.208 of 2012 of Police Station, Qasimabad for offence punishable under section 20 Offences Against Property (Enforcement of Hudood ) Ordinance, 1979. 2. Succinctly facts of prosecution case are that on 19-9-2012, complainant Saeed Ahmed Kehar along with his partner Sajjad Ali encashed Rs.1500,000 from the U.B.L Bank Qasimabad and boarded in the car and when they reached at main entry of Qasimabad Bazar at 1530 hours, three unknown persons robbed the aforesaid cash amount from them and went away on their motorcycle. 3. It is the next episode of prosecution case that subsequently on 13-10-2012 complainant recorded his further statement in which he implicated co-accused Gufran Shah as well as the present applicant on the allegation of instigation to…

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