Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 394,337-A(I),337-F(I),411

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 394, 337-A(i), 337-F(i) 411--Bail after arrest, grant of--Further inquiry--Allegation of--Robbery of cash amount and gold ornaments--Petitioner is nominated in FIR--According to prosecution, he was wearing a mask but it slipped off and Complainant and PWs identified him on spot--The alleged occurrence took place on 13.11.2018 at about 12:30 a.m--but age of injuries of Complainant and PWs does not correspond with time--All injured were taken to Tehsil Headquarters Hospital, Jalapur Pirwala, where Medical Officer examined them and opined that injuries of injured persons were 5/7 days old--It is trite that if there is a conflict in medical evidence and ocular account, benefit of doubt should be extended to accused even at bail stage--Deputy Prosecutor General submitted that rifle, weapon of offence, and Rs--30,000/- out of stolen money were recovered from Petitioner which are sufficient to incriminate him--So far as rifle is concerned, there is missing on record to show that empties found at spot matched with it--On other hand, alleged recovery of is of little consequence because Complainant has not mentioned denomination of his currency notes in FIR-- Petitioner is incarcerated since 27-5-2019--He has joined investigation and is not required by police for any further probe--No useful purpose would be served in him behind bars--Bail was allowed.  [Pp. 70 71] A, B C 1997 SCMR 32 and 2014 SCMR 12. Order Through this application the Petitioner seeks post-arrest bail in case FIR No. 471/2018 dated 13.11.2018 registered at Police Station Saddar Jalalpur Pirwala, District Multan, for offences under Sections 394/337-A(i)/337-F(i)/411, PPC. 2. Briefly, the allegation against the Petitioner is that on 13.11.2018 at about 12:30 a.m. the Petitioner and his co-cused committed robbery in the Complainant’s house and took away cash amounting to Rs. 500,000/- and gold ornaments weighing 2½ tolas. During the occurrence the Complainant and his brothers Manzoor Ahmad and Munir Ahmad were injured. 3. Arguments heard. Record perused. Description: A4. The Petitioner is nominated in…

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