Case Details

Citation(s)
2016 SLG 1529 2016 SLD 1529 2016 PLJ 111
Lahore High Court
Crl. Misc. No. 3595-B of 2015, decided on 17.4.2015. Date of hearing: 17.4.2015.
ABDUL SAMI KHAN, J.
Mrs. Naila Mushtaq Ahmed, Advocate for Petitioner. Mr. Irfan Zia, D.P.G. for State. Mr. Saeed Ahmad, Advocate for Complainant.

DILSHAD AHMED

VS

STATE and another--Respondents

Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), S. 395 & 412--Bail, grant of--Not nominated in FIR--Nominated through supplementary statement after two months and six days--No test identification parade was held--Recovery of gold--Effect of--Held:Effecting of recovery from an accused does not by itself create any hurdle in way of discretionary relief especially when accused made case of post-arrest bail after creating doubt in prosecution story--Even otherwise worth and evidentiary value of such type of recovery is to be considered by trial Court at time ot trial after recording of evidence because so for prosecution is not sure that it was none else but petitioner who alongwith his co-accused entered into shop of complainant and looted recovered articles--Mere heinousness of offence is no ground to refuse bail. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Bail, grant of--Previous non-convict--Continuous incarceration in jail--Petitioner was previous non-convict, never involved in any criminal case, he was behind bars, investigation qua petitioner was complete, person of petitioner was no more required by police for further investigation, therefore, his continuous incarceration in jail would not serve any beneficial purpose. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 395 & 412--Bail, grant of--Rule of consistency--Further inquiry--Accused had make out his case on basis of rule of consistency as well as that of further inquiry into his guilt within purview of Section 497(2),Cr.P.C. ORDER Through this petition under Section 497, Cr.P.C. Dilshad Ahmed petitioner has sought bail after arrest in case FIR No. 164/14, dated 24.06.2014 registered at Police Station Piplan, District Mianwali in respect of offences under Sections 395/412, PPC. 2. After hearing the learned counsel for the parties and going through the record it has been noticed by this Court that the petitioner is not named in the FIR and his name has been introduced in this case through a supplementary statement got recorded by the complainant on 10.09.2014, after two months and six days…
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