Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (West Pakistan Amendment) Act, 1964

Section: 395/342/506(ii)

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 395/342/506(ii)--Source of information--Delay in lodging of FIR--Recovery--Post arrest Bail--Grant of--Formal crime report for the same was lodged after a lapse of nine months and sixteen days--When complainant got to know that it was the petitioner who has allegedly robbed his car, he approached him to return his property and on his refusal he lodged the crime report--The record is silent as to on which date, the complainant got the information and when did he approach the petitioner--Petitioner kept mum for such a long period--No recovery has been affected from the petitioner despite--He remained on physical remand for a considerable period of time--Petitioner has made out a case for bail--The petitioner is admitted to bail. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 506--Criminal intimidation--Whenever an overt act is materialized and ended into an overt act, the provision of section 506(ii), PPC would not be applicable and the only provision which will remain in the field is the overt act, which is committed. JUDGMENT Sayyed Mazahar Ali Akbar Naqvi, J.--Through the instant petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has assailed the order dated 05.09.2022 passed by the learned Single Judge of the learned High Court of Sindh, Circuit Court Hyderabad, with a prayer to grant post-arrest bail in case registered vide FIR No. 05/2022 dated 11.05.2022 under Sections 395/342/506-II, PPC at Police Station Thebath, District Jamshoro, in the interest of safe administration of criminal justice. 2. Briefly stated the allegation against the petitioner is that he along with co-accused while armed with fire-arm robbed Toyota Corolla car of the complainant along with cash amounting to Rs. 65000/-and a driving license. 3. At the very outset, it has been argued by learned counsel for the petitioner that the petitioner has been falsely roped in this case against the actual facts and circumstances. Contends that the crime report was lodged after an inordinate delay of more than nine months for which no plausible…

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