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--- Benefit of doubt--- Non-conducting of identification test parade---Effect---Accused and co-accused were alleged to have snatched a trailer from the complainant at gun-point---Accused went to the Police Station to lodge the F.I.R. but found the trailer and the accused locked up there---Basic ingredients of legal requirement of identification had not been fulfilled in the present case---Prima facie no material was available to show that accused caused any hurt or wrongfully restrained the complainant for fear of instant death---Mens rea and actus reus for the offence and recovery of stolen trailer required proof during course of trial---Fact that no identification test was conducted and accused was found in police lockup stretched benefit of doubt in favour of accused---Offence alleged fell within the purview of further inquiry as the ingredients to attract S. 395, P.P.C required proof which was to be ascertained through conscious steps and not accidently as common unity of design to commit the offence---Accused was granted bail in circumstances. 1997 SCMR 971; 2009 SLJ 1068 and 2007 YLR 424 ref. THIS ORDER PASSED BY: HASSAN FEROZ, J.--- By this order I intend to dispose of Criminal Bail Application No.1140 of 2013 of applicant/ accused Qurban Khan, moved under section 497, Cr.P.C. in F.I.R. No.157/ 2013 under section 395 P.P.C. lodged at Police Station Steel Town, Karachi. 2. Brief facts of the prosecution case are that on 15-6-2013 complainant Shariq Din lodged F.I.R. at Police Station Steel Town stating that he has been driving Trailer bearing No. LSB-9865 of Abbas Goods for last three years and on the date of incident he proceeded to Punjab after loading 440 bags of "Tea" weighing 30 tons along with his conductor Naseer Ahmed from godown of Gul Bai. On 14-6-2013 meanwhile his vehicle became out of order and he got repaired it on the way and when they reached at Slope 9 K.M meanwhile, ten wheeler truck overtook them, out of which 5/6 persons armed got down subsequently. Conductor Naseer…

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