Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 395 & 412---Dacoity, dishonestly receiving stolen property in commission of dacoity---Bail, grant of---Further inquiry---Co-accused implicated on basis of extra-judicial confession---Accused were alleged to have committed dacoity at house of complainant---Mere heinousness of crime was not sufficient while dealing with question as to grant of bail---No identification parade had been conducted to identify accused during investigation---Statement of complainant under S. 161, Cr.P.C. had been recorded after one year of alleged occurrence---Statement of accused, whereby they had implicated seven other accused alleging them all to have made joint confessional statement before them, was not plausible, as no details as to when and where said accused had admitted their guilt had been provided---Extra-judicial confession was weak type of evidence which might be manoeuvred by prosecution in a case where direct connecting evidence could not be produced---Investigating Officer, having recovered pistol and cash, had not prepared memo. of recovery---Accused had been behind bars for more than one year and was no more required by police---Sufficient reasons existed to believe that further inquiry was required into guilt of accused--- Bail application was accepted accordingly. (b) Criminal trial--- ----Extra-judicial confession--- Evidentiary value--- Extra-judicial confession is weak type of evidence which may be manoeuvred by prosecution in a case where direct connecting evidence cannot be produced. THIS ORDER PASSED BY: SHAHID HAMEED DAR, JUSTICE:----------- The complainant, Muhammad Sher has alleged in the FIR that eleven (11) unknown armed persons clambered over the outer wall to enter his house at about mid-night, between 15/16.12.2012, rendered all the inmates hostages, broke open locks of the boxes to seize gold- ornaments, cash, unstitched cloth, wrist watches etc., confined all of them in a room and slipped away with the looted property; the electric bulbs were lit at the time of the occurrence, so he and his family members could identify the accused if they would see them…

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