Case Details

Citation(s)
2016 SLG 1514 2016 SLD 1514 2016 PLJ 1

Crl. Misc. No. 4484-B of 2015, decided on 24.8.2015. Date of hearing: 24.8.2015.
HAFIZ SHAHID NADEEM KAHLOON, J.
Mian Haq Nawaz Saqib, Advocate for Petitioner. Mirza Abid Majeed, D.P.G. for State.

MUHAMMAD ALTAF

VS

STATE and another--Respondents Complainant in person.

Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 395, 382 & 412-Dacoity--Bail, accepted--Further inquiry--No identification parade--Exonerated from previous criminal cases--Validity--Nothing was to be recovered from petitioner--Investigation had been completed, challan had been submitted and trial of accused was not far away as petitioner make out a case of further inquiry, therefore, his further incarceration for indefinite period without conclusion of trial would not serve any useful purpose to prosecution--Accused had successfully made out case of further inquiry, which also falls within ambit of Section 497(2), Cr.P.C. ORDER Muhammad Altaf, the petitioner-accused seeks post-arrest bail in case FIR No. 08/15 dated 09.01.2015, offence under Sections 395, 382 & 412, PPC, registered at Police Station Miran Pur, District Vehari. 2. Briefly, the prosecution story as per FIR is that on 03.01.2015, the petitioner/accused hired the Riksha of the complainant on rent, while during the journey, petitioner/accused along with four other co-accused persons after tiding the complainant, snatched his Riksha along with net cash Rs. 1050 & National Identity Card and committed dacoity with the complainant. 3. Learned counsel for the petitioner as well as Deputy Prosecutor General for the State has been heard. Record perused. 4. It has been noticed that the name of the petitioner is not figured in the FIR. He was introduced through supplementary statement of the complainant dated 16.01.2015, but no source of identification has been mentioned therein. Learned law officer present in Court pointed out that the petitioner/accused has also involved in different cases of similar nature. Suffice to say that the cousin of the present petitioner namely Mazhar Hussain filed an application under Section 491 of, Cr.P.C. for the recovery of present petitioner from the clutches of Police Station Luddan, District Vehari on 18.02.2015 and in that petition the learned Sessions Judge,Vehari observed that the petitioner has wrongly arrested in case FIR No. 36/12 and on his intervention case was…
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