Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 395

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 395--- Dacoity--- Bail, grant of---Scope---Dismissal of application for identification parade---Further inquiry---Scope---Accused along with others was alleged to have snatched mobile phone and cash---Accused was not named in the FIR---No incriminating material was recovered on the pointation of accused---Application for identification parade which was essential was dismissed on the ground that the Investigating Officer had not taken precautionary measures for hiding the identity of the accused and had brought the accused for identification parade with open face---Accused had made out a case for further inquiry within the meaning of sub-section (2) of S.497, Cr.P.C.---Petition for grant of bail was allowed, in circumstances. Kanwar Anwar Ali, Special Judicial Magistrates case PLD 2019 SC 488 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Minimum sentence to be considered---Scope---Court, while examining the question of bail, has to consider the minimum aspect of sentence provided for the alleged offence in the Schedule. ORDER ABDUL MOBEEN LAKHO, J.- Having remained unsuccessful in obtaining his release on bail from the trial Court in case Crime No.368 of 2019 registered at Police Station Eidgah, Karachi, under section 395, P.P.C. Now the applicant is seeking fol his post arrest bail in the said crime through instant bail application. 2. Brief facts of the prosecution case as narrated in FIR by the complainant namely Mugheeb son of Muhammad Ali resident of Ratia Manzil 3rd floor near Joobli Market Noor Masjid, Karachi, lodged FIR No.368/2019 under section 395, P.P.C. at Police Station Eidgah on 05.10.2019, wherein he state that he along with his friends namely(1) Ilyas (2) Asad were sitting at Chand Bibi Road Nalay wali street/gali and talking, at about 0035 hours, two girls came to us and signaled. In the meantime four young boys on three motorcycles came and stopped there. Out of them three culprits got pistols and snatched Rs.36,000/- mobile phone Nokia 3310, from Ilyas mobile phone touch screen G4 Rs.3500/- from Asad Rs.16,000/-. Their ages were between…

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