| Citation(s) |
|---|
| 2016 SLG 3702 2016 SLD 3702 2016 MLD 1935 |
Peshawar High Court, Bannu Bench
QAISER RASHID KHAN, JUSTICE
Zar Badshah for Petitioner. Syed Sikandar Hayat Shah, A.A.G. for the State.
QAISER RASHID KHAN, JUSTICE
Zar Badshah for Petitioner. Syed Sikandar Hayat Shah, A.A.G. for the State.
BAKHT ALAM
VS
. The STATE and another Complainant in person.
Law:
Section:
Criminal Procedure Code (V of 1898)--------- ----------S. 497(2)---------Penal Code (XLV of 1860), S.395---------Dacoity---------Bail, grant of---------Further inquiry---------Only a sum of Rs.5000 was allegedly recovered from the residential room of accused---------Mere recovery of such small amount from a person, would not per se hold him to be linked with the commission of the offence; as long as the same was not proved to be the stolen cash amount from the house of the complainant---------Local Police spurred into action against accused, at the instance of the complainant through his statement under S.164, Cr.P.C.---------Complainant, present in the court along with his duly sworn affidavit, stated to have satisfied himself about the innocence of accused and expressed his "no objection" over his release on bail---------Taking a tentative assessment of the available record, coupled with the sworn affidavit of the complainant, case of accused called for further probe into the matter, which entitled him to bail---------Accused was granted bail, in circumstances. THIS JUDGMENT DELIVERED BY: QAISER RASHID KHAN, JUSTICE:--------- The petitioner seeks bail in case FIR No. 447 dated 11.12.2014 under sections 395, P.P.C., Police Station Rustam Mardan after being refused the said concession by the learned court below. Arguments heard and available record perused. 2. As detailed in the FIR, on 11.12.2014, the complainant reported to the police that while he along with other inmates of the house were asleep, at 02:15 a.m., 6/7 persons duly armed entered his house and after tying their hands, they took away huge cash amount, laptop, LCD, a mobile set and ear-rings weighing one tola from the mother of the complainant and ID cards. The complainant then recorded his statement under section 164, Cr.P.C. on 23.1.2015 and charged the accused-petitioner along with his co-accused for the commission of the offence. In the recovery memo, as against the recoveries…
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