Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 324,334,392

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.392/334/324---Robbery, atlaf-i-udw, attempt to commit qatl-e-amd---Bail, grant of--- Further inquiry--- Complainant approached Police Station on the very same day of the incident, but he did not lodge F.I.R. and only obtained letter for medical treatment, which had created doubt in the case of prosecution---Presumption would be that complainant had not identified the culprits at the time of alleged incident---Police during course of investigation had not recovered the robbed motorcycle, or crime weapons carried by culprits during commission of offence---Case of accused appearing to be of further enquiry, they were admitted to bail, in circumstances. THIS ORDER PASSED BY: IMAM BUX BALOCH, J.--- The case of the prosecution is that, on 3-12-2011, complainant along with his son Hakim Ali and nephew Rajib Ali proceeded on motorcycle for Mehar Town. The motorcycle was being driven by his son. When at about 0830 hours they reached near Jatoi Laaro on Indus Highway, from their opposite side one motorcycle came and three persons having weapons aimed weapons towards them and signalled them to stop. The complainant identified them as Paryal Chandio, Gulab Panhwar and Izhar Chandio; that robbed complainant party of their motorcycle and a mobile phone set, however on resistance offered by Hakim Ali, the accused Paryal fired from his pistol which hit Hakim Ali at right eye side. After that the culprits fled away from the scene of offence. The complainant further stated that he went to Police Station Mehar on the same day, obtained letter for treatment of his injured son and after obtaining final medical certificate he again went to police station and lodged F.I.R. as stated above. Heard learned counsel for the applicant, as well as learned State Counsel. Learned counsel for the applicant contended that F.I.R. is delayed by 27 days and no plausible explanation has been offered for such inordinate delay, though the complainant on the very same day went to police station and only obtained letter for…

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