Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 392

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S.392---Robbery---Bail, grant of---Further inquiry---Accused was not named in the F.I.R.; he was already arrested in another case and during his arrest in the said case his disclosure of committing dacoity, could not be termed as a substantive piece of evidence to connect him with such offence---No details or description of three dacoits had been given in the F.I.R.---During identification parade, conducted almost after 93 days of the occurrence, the complainant, who was not an eye-witness, identified the accused---Wrongful involvement of accused in the case, could not be ruled out in such type of delayed identification parade---No detail of looted currency had been mentioned in the F.I.R., recovery of amount after 93 days of the occurrence, would be a matter of evidence and its sanctity would be seen in trial after recording of evidence---Accused who was non-convict was behind the bars for the last more than seven months and no more required for further investigation and the trial was not in sight---Keeping accused in jail for an indefinite period, would not serve any useful purpose---Case of accused falling within the ambit of further inquiry, he was admitted to bail, in circumstances. ORDER ALTAF IBRAHIM QURESHI, JUSTICE:---.--- Through the instant petition, the petitioner-Faisal, seeks his post-arrest bail in a case arising out of F.I.R. No. 295, dated 13-7-2010, registered with Police Station Muradpur, District Sialkot, under section 392, P.P.C. 2. Precisely, the prosecution story, as per F.I.R., is that three unknown decoits, while armed with firearms, committed robbery of Rs.45,000 in the Utility Store. 3. Learned counsel for the petitioner submits that the petitioner is not nominated in the F.I.R., that the Identification Parade has no value in the eye of law, as the same was held after 70 days of his arrest; that fake recovery of Rs. 10,000 has been planted upon the petitioner and; that the petitioner is previous non-convict. 4. On the other hand, learned Deputy Prosecutor-General assisted by the learned counsel for the complainant opposed the bail petition on the grounds…

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