Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 171,392,419

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.392, 419 & 171---Robbery, cheating by personation, wearing garb or carrying token used by public servant with fraudulent intent---Bail, grant of---Accused who was implicated in other cases, had already been released on bail in all said cases---Accused was not involved in any other case, except the present one---No identification parade was conducted in the case---Out of one lac Saudi Riyals, allegedly robbed by accused; Investigating Officer failed to recover any---Motor car allegedly used in committing the offence had also not been recovered---Implication of accused in the case by the son of the complainant, seemed to be at the behest of the Police on account of his previous involvement---Accused, was entitled to the concession of bail, in circumstances---Bail was granted. Muhammad Shafi v. The State 2005 YLR 1693; Manu alias Mathar and 3 others v. The State 2006 YLR 3088; Muhammad Kazim v. The State 2005 PCr.LJ 531 and Ibrahim Khan and another v. The State and another 2010 YLR 1377 ref. THIS JUDGMENT DELIVERED BY: MOHAMMAD IBRAHIM KHAN, JUSTICE:---.- -- The learned Additional Sessions Judge/Izafi Zila Qazi Malakand at Dargai mere on involvement of the accused/Petitioner Muhammad Bilal in the statement recorded under sections 161/164, Cr.P.C. nominated by Mohammad Sohaib son of the complainant and with regard to the evidence leading to believe the Petitioner being habitual offender in offences of similar nature is to be discouraged by refusing him bail. As due to such dishonest acts of an accused, the moral values of the society are at the verge of collapse and the offence being fallen under the prohibitory clause of section 497, Cr.P.C., hence the application bearing No. 40/4 of the year 2017 was dismissed. 2. Herein Muhammad Bilal being implicated in case FIR No. 237 dated 05.12.2016 charged under sections 392, 419, 171, P.P.C. registered at Police Station Sakhakot, is optimistic for the grant of his post arrest bail. 3. On return from Saudi Arabia by his flight reaching herein at Peshawar International Airport at 1500 hours. Muhammad Rahman accompanied by his son Mohammad…

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