Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 392,411

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 392 411--Bail, grant of--Further inquiry--Neither feature of unknown accused were mentioned in FIR nor identification parade to extent of accused--Recovery of case--Gold ornaments (weighing one tola) from petitioner is concerned, that gold ornaments were having no identification marks and Deputy Prosecutor General apprises that no identification memo regarding same, has been prepared, therefore, evidentiary value of said recovery shall be determined by trial Court after recording of evidence--However, when all aforementioned circumstances are taken into consideration in totality, then case of prosecution to extent of present petitioner falls in ambit of further inquiry as contemplated by sub-Section 2 of Section 497, Cr.P.C.--Deputy Prosecutor General further apprises that petitioner was arrested in case and sent to judicial lock up where he is confined till now--Mere detention of petitioner in lock-up would serve no useful purpose to case of prosecution--Held: It is now well settled that bail cannot be withheld as advance punishment--Bail was allowed. ORDER Through instant petition, Ghulam Rasool @ Bami (petitioner/accused) has sought post-arrest bail in case arising out of F.I.R. No. 501/2019 dated 12.12.2019 registered under Sections: 392, 411, PPC at Police Station, Sahuka District Vehari. 2. After hearing learned counsel for the petitioner, learned counsel for the complainant, learned Deputy Prosecutor General and going through the available record with their able assistance, it has been noticed that case of the prosecution as per F.I.R. is that during night of 11/12.12.2019 at about 12:00 of the night, four unknown accused persons equipped with fire-arms while scaling over the wall, entered into house of the complainant, committed robbery and snatched cash, gold and silver ornaments and mobile phone alongwith sim; on 27.02.2020 complainant nominated present petitioner through supplementary application in the case; neither any features of aforementioned unknown accused persons have been mentioned in the FIR nor identification parade to the extent of petitioner…

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