Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 392 & 412---Robbery and dishonestly receiving property stolen in the commission of dacoity---Bail, grant of---Principle of consistency---Failure to conduct identification parade---Completion of investigation---Effect---Further inquiry---Complainant alleged that his wife informed him on the phone that two young boys, duly armed with weapons, had entered into their house and on show of force had looted valuable ornaments and cash amount---Complainant nominated the accused persons through supplementary statement---Identification parade was not conducted during the course of investigation---Complainant was not an eye-witness of the occurrence---No specific role was assigned to any of the accused nor the presence of accused was shown at the time of alleged occurrence---Co-accused had also been granted bail on the same set of evidence, therefore, on the principle of consistency accused was entitled to bail---Challan of the case had been submitted---Tentative assessment of the record revealed that the case was one of further inquiry---Petition for grant of bail was allowed. The State v. Rafiq Ahmed Channa 2010 SCMR 580 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Absconsion---Effect---Bail can be granted to an accused, if he has a good case for grant of bail on merits---Absconsion does not come in the way of granting bail to the accused. Mitho Pitafi v. The State 2009 SCMR 299 ref. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Principle---Bail cannot be withheld as a punishment. (d) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Principle---No legal or moral compulsion exists to keep people in jail merely on the allegation that they have committed an offence punishable with death or transportation, unless reasonable grounds exist to disclose their complicity. (e) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Principle---Ultimate conviction and incarceration of guilty person can repair the wrong caused by a mistaken relief of interim bail granted to him, but no satisfactory reparation can be offered to an innocent…

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