Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 34,392

Criminal Procedure Code (V of 1898)--- ----S. 497--- Penal Code (XLV of 1860), Ss. 392 & 34---Robbery, common intention---Bail, refusal of---Complainant had alleged that accused accompanying his three accomplices duly armed with weapons intruded into the house of complainant and looted cash, mobile phone and valuables---Name of accused was not mentioned in the FIR---Prosecution witnesses in their statements under S. 161, Cr.P.C. had implicated the accused and no material worth consideration had been brought on record to suggest animosity between complainant party and accused---Culprits in such offences did not hesitate in taking the lives of innocent persons even on a slightest resistance shown by the person being looted by them---People feeling themselves unsafe due to fear threats and lack of interest by the police were avoiding to lodge such cases or to become witnesses against the culprits involved in such heinous crimes---Accused of an offence which did not fall within the prohibitory clause of S. 497, Cr.P.C. could not claim concession of bail as a matter of right---Prima facie, sufficient material existed against the accused to connect him with the offence alleged against him---Bail was refused accordingly. Abdul Sattar v. The State 2008 MLD 679 and Ghulam Akbar v. The State 2004 PCr.LJ 266 ref. Afzaal Ahmed v. The State 2003 SCMR 573 rel. THIS ORDER PASSED BY: KHADIM HUSSAIN M. SHAIKH, J.--- Through this application, applicant Muhammad Ismail has sought his release on bail in case culminated from FIR No.78/2016 for offence under sections 392, 34, P.P.C. of Police Station Maripur, after his bail plea has been declined by the learned Courts below by dismissing his bail applications bearing Nos.37 of 2006 and 1309 of 2016 vide orders dated 02.07.2016 and dated 20.08.2016 respectively. 2. Briefly the facts of the case are that the mother of the complainant Imran on the day of incident i.e.16.06.2016 went to a shop of Goldsmith in a Rickshaw, driven by Muhammad Ismail (applicant), and returned home at about 1920 hours and at about 1925 hours, when family of the complainant sat for Iftar purpose, four persons duly armed with pistols forcibly entered into…

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