Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 392,397,411

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 392, 397 411--Bail after arrest, grant of--Case in hand was registered for an incident which occurred on 07.06.2019, during which complainant and his wife were deprived from certain valuables, detail of which is mentioned in First Information Report--Accusation of committing crime was pointed towards four unknown persons who had muffled their faces--Needless to mention here that petitioner is neither named in crime report nor in statements of witnesses recorded on very first day of occurrence was implicated in case through supplementary statement of complainant recorded on 24.10.2019, without mentioning any specific source from which he derived that petitioner was involved in occurrence--Though an amount of Rs. 30,000/- has been recovered from petitioner, however, on this score alone petitioner cannot be held disentitled from concession of post arrest bail: Since sufficient incriminating material to connect petitioner with commission of crime is not available on record, hence, registration of 11 other cases ofalike nature cannot be used as a hurdle in withholding concession of bail--Petition was accepted. ORDER Shahbaz alias Raju (petitioner) seeks bail after arrest in case FIR No. 402/2019, dated 10.06.2019 registered for offences under Sections 392, 397, 411, PPC at Police Station Ghallah Mandi, District Sahiwal. 2. Precisely stated the case of prosecution as unfolded fromthe crime report is to the effect that on 07.06.2019 at about2:15 p.m. Zubair Akram (complainant) along with his wife was onway back to his house after having breakfast at Fazal Haq Dera; that he was intercepted by four persons boarding on two motorcycles and having muffled faces, who deprived the complainant partyfrom certain valuables including wallet, two mobile phones and ornaments etc. 3. Arguments heard and record perused. 4. It is discernible from the perusal of record that the case in hand was registered for an incident which occurred on 07.06.2019, during which the complainant and his wife were deprived from certain valuables, the detail of which is mentioned in the First Information…

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