Law: Criminal Procedure Code (V of 1898)

Section: 161,497

Law: Pakistan Penal Code, 1860

Section: 34,392,395

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 392, 395 & 34--- Robbery, dacoity, common intention---Bail, refusal of---Complainant lodged FIR against four unknown accused, however, two more accused, including the petitioner, were mentioned by the prosecution witnesses while recording statements under S.161, Cr.P.C---Petitioner contended that there was an old enmity between his elders and the complainant regarding some property---Record revealed that two more persons were also present outside the Dera (place of occurrence) including the petitioner during the course of robbery---After the arrest of the petitioner, identification test was also conducted by the Magistrate and complainant and other star witnesses of the alleged occurrence, identified the petitioner as the same accused---Petitioner had also been involved in other crimes of same nature---Petitioner had not brought on record any document or evidence, which could show the alleged enmity between the parties over the property--Prosecution had not examined any of his witnesses before the Trial Court---Sufficient material was available against the petitioner which prima facie connected him with the crime ---Bail could not be claimed as of right for an offence which did not fall within the prohibitory clause of S. 497, Cr.P.C.---Bail was refused to the petitioner, in circumstances. 2002 SCMR 442 ref. THIS ORDER PASSED BY: MRS. KAUSAR SULTANA HUSSAIN, J.--- Applicant is booked in Crime No. 379/2017, under Section 392/ 395/34, P.P.C., Police Station Shah Latif Town, Karachi. Applicant applied for bail before learned Vth-Additional Sessions Judge, Malir Karachi, who dismissed the same per order dated 14.10.2017. Against the aforesaid order present bail application has been filed. 2. Precisely, the facts of the prosecution case are that the complainant lodged an F.I.R. on 18.07.2017 at 1800 hours, stating therein that he does Transport Work. Today 18.07.2017, when he was present at his Dera Company Abdul Dhani Parto Goth, Malir Karachi along with other peoples, Jamal, Mubashir Ali, Ajmal, at about 2.30 pm, four persons on the force of weapons forcibly entered from main…

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