Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Qanun-e-Shahadat (10 of 1984)

Section: 38,39

Law: Pakistan Penal Code, 1860

Section: 109,395,397

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 395, 397 & 109---Qanun-e-Shahadat (10 of 1984), Arts. 38 & 39---Robbery, dacoity, abetment---Bail, grant of---Further inquiry---Name of accused was not mentioned in the FIR---Accused was charge-sheeted on the ground that he was involved in hatching plan with main accused to commit the crime under S.109, P.P.C. Investigation Report was silent on such aspect of case---Complainant had alleged that he was robbed of fifty prize bonds of Rs. 40,000/- each whereas, Investigating Officer recovered five prize bonds of Rs. 200/- each from the possession of accused---Prima facie said recovery did not lead to the conclusion of hatching conspiracy by accused in connivance with main accused or abetment---Prosecution had not alleged that accused had robbed the complainant---Applicability of Ss.395 & 397, P.P.C. would be determined by Trial Court after recording of evidence---CCTV (Closed-Circuit Television) footage did not lead to the conclusion of guilt; such aspect of the matter would be determined by Trial Court after recording of evidence---Accused was implicated on the basis of statement of co-accused---Reliance upon ipse dixit of police regarding guilt or innocence of accused would not be proper under the circumstances---Such matter could be determined on the basis of evidence during trial---Accused was arrested on the basis of statement made by co-accused before police which was not admissible under Arts. 38 & 39 of Qanun-e-Shahadat, 1984---Prosecution had not collected sufficient incriminating material which could attract S.109, P.P.C.---Accused had pointed out mala fide on the part of police---Bail was granted accordingly. Akhtar Ali Ghowada v. The State 2015 MLD 1661; Raja Muhammad Younus v. The State 2013 SCMR 669 and Moulana Abdul Aziz v. The State 2009 SCMR 1210 rel. Muhammad Rehan v. The State 2014 MLD 1317; Said Nawab and others v. The State 2013 YLR 990 and Zohaib Yasmin Sheikh v. The State 2011 YLR 2324 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.109---Abetment---Instigation---Bail, grant of---Scope---Concession of…

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