Case Details

Citation(s)
2014 SLG 1106 2014 SLD 1106 2014 MLD 171
Lahore High Court
Criminal Miscellaneous No.2052-B of 20103, decision dated: 8-03-2013.
SHAHID HAMEED DAR, J
Gohar Razzaq Awan for Petitioner. Mrs. Muqadass Tahira, Additional Prosecutor General Punjab for the State with Rasheed, S.I. Azhar Hussain Sani for the Complainant.

MUHAMMAD RIAZ-

VS

The STATE and another

Law:

Section:

(a) Criminal Procedure Code (V of 1898)----S. 497---Penal Code (XLV of 1860), Ss. 392, 397 & 412---Robbery, robbery or dacoity, with intent to cause death or grievous hurt, dishonestly receiving property stolen in the commission of dacoity---Bail, refusal of---Recovery of looted articles from the accused---History of involvement of accused in similar offences---Effect---Accused and co-accused persons allegedly committed dacoity at the house of complainant---Complainant implicated accused through a supplementary statement before the police---Mere fact that accused had been implicated through a supplementary statement, without disclosing his source of knowledge, could not be considered a circumstance going in favour of accused for the reason that accused and co-accused led to the recovery of some of the looted articles, which were duly identified by the complainant in presence of witnesses---Memo of identification qua the recovered articles had also been prepared by the investigating officer---Non-holding of test-identification parade might have been an irresponsible act on part of the police, but it did not mean that the complainant should suffer for it---Offence under S. 412, P.P.C was punishable with life imprisonment, thus falling under prohibitory clause of S. 497(1), Cr.P.C---Accused had a history of involvement in seven other cases identical to the present case, which showed him to be a desperate character---Mere non-conviction of accused in the past for any crime was no ground by itself to release him on bail---Accused was refused bail accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Grounds---Accused involved in identical offences in the past but not convicted for any of them---Mere non-conviction of accused in the past for any crime was no ground by itself to release him on bail. Afzaal's case 2003 SCMR 573 rel. ORDER SHAHID HAMEED DAR, J.---The petitioner seeks bail after arrest in case F.I.R. No. 216, dated 17-8-2012, under sections 392, 397, P.P.C., registered at Police Station Raja Jang, District Kasur. 2. Precisely the facts of the case as narrated by Muhammad Rafiq (complainant) are that he along with his other…
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