Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 395,337-L(2)

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 395 & 337-L(2)---Dacoity, hurt---Bail, grant of---Further inquiry---First Information Report was registered after about 22 days and explanation furnished for such delay was not satisfactory---Final medical certificate was issued by the doctor wherein injuries declared as hurts were simple for which punishment provided was only two years, which was bailable---Recovery shown from the accused was also doubtful and mashir of recovery was already on inimical terms with him---No identification was conducted to prove that the articles recovered from the accused were the same which were allegedly robbed from the complainant---Heinousness of offence was no ground to reject the bail plea---Liberty of innocent person was not to be curtailed until and unless proved otherwise---Essential prerequisite for the grant of bail by subsection (2) of S. 497, Cr.P.C. was that the court must be satisfied on the basis of the material placed on record that there were reasonable grounds to believe that the accused was not guilty of an offence punishable with death or imprisonment for life---Sufficient grounds existed for further inquiry into the guilt of the accused, which would mean that question should be such which had nexus with the result of the case and could show or tend to show that the accused was not guilty of offence with which he was charged---Word discretion when applied to court meant sound discretion judiciously guided by law to lessen the hardship of the people---Bail was not to be refused as punishment---Section 337-L(2), P.P.C. was bailable carrying punishment for 2 years---Considering the alternate lesser sentence as provided in S. 395, P.P.C., bail application of the accused was allowed, in circumstances. THIS ORDER PASSED BY: ZULFIQAR ALI SANGI, JUSTICE:---.--- Through the instant application, the applicant/accused Atta Muhammad son of Jan Muhammad alias Jhuloo Janwari, seek Post-arrest bail in FIR No.109/2019, registered at Police Station "B" Section Khairpur, under sections 395, 337-L(2), P.P.C. Applicant/accused, filed post-arrest bail before learned Additional Sessions Judge-IV…

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