Case Details

Citation(s)
2012 SLG 906 2012 SLD 906 2012 YLR 622
Sindh High Court
Criminal Bail Application No. 1208 of 2011, decision & hearing Dated: 10-11-2011.
SHAHID ANWAR BAJWA, JUSTICE
Petitioner(s) by: Abdul Hafeez Anwar
Respondent(s) by: Ms. Rahat Ehsan, A.P.G.

SIKANDAR AND 3 OTHERS

VS

THE STATE

Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 34,392

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S.392/34---Robbery---Bail, grant of---Further inquiry---Accused had allegedly come on a motorcycle and a tractor to commit robbery---No number or any other description of the motorcycle and the tractor had been given in the F.I.R.---Said motorcycle and the tractor had not yet been recovered from the accused, nor the prosecution had proved the ownership of the same---No trolley having been attached with the tractor, it was difficult to visualize that forty bags of fertilizer and zinc pesticides could be loaded on the back of the tractor---Case against accused appeared to be doubtful and of further inquiry---Accused were behind the bars for about two months---Bail was allowed to accused, in circumstances. THIS ORDER PASSED BY: SHAHID ANWAR BAJWA, J.--- F.I.R.. No.70 of 2001 was recorded at Police Station Jati, District Thatta on 26-9-2011 for an incident alleged to have occurred earlier that day. The complainant stated that he was a Kamdar at a farm and on the material date he along with some other persons was sitting at the Otaq of the farm when at 9-00 p.m. one tractor and one motorcycle came and stopped. It is further stated that in torch light they recognized all the four applicants, two of whom alighted from the tractor, while the other two alighted from the motorcycle. They robbed two Nokia Mobiles and loaded 15 bags of the fertilizers on the back of the tractor and 20 bags of Zinc pesticide also on the back of the tractor. The tractor went away and after some time two other accused on the motorcycle also went away. The bail application was dismissed by the trial court vide order dated 17-10-2011. Learned counsel submitted that prior to the incident the applicant was working as Hari and his tenancy was terminated but his share of rice crop was not given to him and this F.I.R. has been lodged out of desire to usurp that share. Learned counsel next submitted that no details of tractor and motorcycle have been given in the F.I.R. Learned counsel next submitted that it is claimed that the present applicants were recognized in torch-light and submitted that recognization in…
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