Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 395,397,458

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.395, 397 & 458---Punishment for dacoity, robbery or dacoity with attempt to cause death or grievous hurt, lurking house-trespass or house-breaking by night after preparation for hurt, assault or wrongful restraint---Bail, grant of---Further inquiry---Accused was involved in the case on the basis of statement of co-accused which was of no value in the eyes of law as complainant did not disclose as to how he came to know about accused's involvement in the case---Accused was not subjected to test of identification parade---Investigating Officer was bound to get arranged the identification parade and identification of recovered articles by the owners but he failed to do so---Absence of evidence showing participation of accused in commission of offence brought his case within the domain of further inquiry---Reasonable grounds to believe that accused might have committed the offence did not exist---Nothing was recovered from the accused---Accused was behind bars for the last 10 months and further incarceration would amount to punishment before trial---Bail was granted. Walayat v. The State PLD 2008 Lah. 470 rel. ORDER SIKANDAR ZULQARNAIN SALEEM, J.---Despite service, complainant has not entered his appearance. 2. Through the instant petition, Ashiq Hussain alias Irshad alias Shaad-petitioner seeks his post arrest bail in case F.I.R. No.331 dated 13-7-2013, under sections 395/397/458, P.P.C. registered at Police Station Saddar Chichawatni, District Sahiwal. 2.(sic.) Brief facts of the instant case are that intervening the night 8/9-7-2013, about 1/2 night, petitioner along with other co-accused persons trespassed in the 'Ehata' of the complainant and at gun point succeeded in taking away three buffaloes belonging to the complainant. On the very next day, through some reliable sources, the complainant came to know that Muhammad Niaz along with others had done the occurrence, who also disclosed the names of the co-accused. 3. Learned counsel for the petitioner contends that the F.I.R. was lodged against unknown culprits and the petitioner has been associated on the statement of…

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