Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 34,393

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 393 & 34---Attempt to commit robbery, common intention---Bail, refusal of---Prosecution case was that accused phoned the complainant and hired his vehicle brought the vehicle to a Rice Mill and started looting cash, mobile phones and other things from the employees---Complainant ran away from the spot---Accused was not nominated in FIR but complainant had given description of his body in the FIR---Investigating Officer had collected call data of mobile phone of the complainant as well as of caller during investigation, which transpired that the SIM used in the mobile phone of the caller was in the name of accused---Call data of the mobile phone of the accused indicated his telephonic conversation with the complainant at the relevant time---Accused was arrested in another criminal case---Complainant identified accused at the police station---Employees of Rice Mill had also identified the accused to be the one amongst other co-accused, who committed the alleged offence---Record showed that accused was involved in at-least four other cases---No enmity with the complainant or police officials had been alleged to implicate the accused falsely in commission of the offence---Accused was not entitled to concession of bail as he was involved in series of criminal cases---Bail was refused accordingly. Zambeer v. The State 2013 MLD 997; Saqib Raza v. The State 2015 MLD 515; Ahmedo v. The State 2013 MLD 1249 and Ali Akbar v. The State 2011 PCr.LJ 445 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 393 & 34---Attempt to commit robbery, common intention---Bail, refusal of---Offence under S. 393, P.P.C. was non-bailable and in non-bailable offences, bail was not the right of accused but a concession---Alleged offence though carried punishment for seven years as such prohibition of S. 497, Cr.P.C. did not attract but considering the fact that the offences like robbery/dacoity were frequently reported to have been committed without any restriction in urban and rural areas, not only creating scare amongst the people but ruining the safety of…

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