Law: Criminal Procedure Code (V of 1898)

Section: 54,161,497

Law: Pakistan Penal Code, 1860

Section: 302,392,397,411

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 392, 397 & 411---Qatl-i-amd, robbery or dacoity with attempt to cause death, dishonestly receiving stolen property---Bail, grant of---Further inquiry---Accused persons were not named in the FIR but figured in the case as probable offenders at the time of arrest under S. 54, Cr.P.C.---Unknown robbers were seen in the headlight of motorcycle as alleged by complainant and his companions---Statements of eye-witnesses during identification parade virtually changed the tenor of occurrence---Complainant picked up both the accused and stated that they had snatched his motorcycle, cell phone, and wrist watch at the time of occurrence---Nothing was stated by the complainant about robbing and murdering his brother by the said accused persons---One eye-witness had identified the accused persons and stated that they had murdered his brother but did not allege of snatching any property from him during the occurrence; another eye-witness did not say a word about offence of robbery---Said statements when kept in juxtaposition with their previous statements recorded by police, presumably made a different circumstance as against what recorded in FIR or statements under S. 161, Cr.P.C.---Test identification report prepared by Magistrate had made no relevance to the accused persons as serial numbers given in the report at the time of their identification denoted some other prisoners and not the accused persons---Evidence of recovery of motorcycle and Rs. 2000/- cash at the instance of accused and recovery of cell phone of deceased along with carbine at instance of co-accused was to be adjudged in better terms by Trial Court during course of trial--- Investigation officer had not prepared any memo of identification in relation thereto---Accused persons were in jail for six months and were not required by police for further investigation---Sufficient reasons existed to believe that case of accused persons constituted need for further probe into their guilt within scope of S. 497(2), Cr. P. C.---Bail was granted accordingly. THIS ORDER PASSED BY: SHAHID HAMEED DAR, JUSTICE:---.--- Abaidullah,…

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