Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), Ss. 6, 7(b) & 17(4)---Penal Code (XLV of 1860), Ss. 337-A(i) & 337-A(ii)---Haraabah, shajjah-i-khafifah, shajjah-i-mudihah and haraaba---Bail, grant of---Questions as to who amongst the accused and his co-accused actually caused the injuries inflicted on the complainant and which of the two allegedly committed the alleged robbery, were yet to be determined--Condition precedent to the application of S.17(3) of the Offences Against Property (Enforcement of Hadood) Ordinance, 1979 as set out in Ss. 6 & 7(b) thereof did not appear to have been met in the present case---High Court did not see any reason to deny bail to accused, and therefore, admitted him to bail. Arib and 3 others v. The State 1988 PCr.LJ 1766; Karim Haider v. The State 1986 SCMR 938; Ali Muhammad v. The State PLJ 1975 Cr.C (BJ) 27; Mhanda v. The State 1994 PCr.LJ 86; Abdul Hameed Khan v. The State 1978 PCr.LJ 150; Shah Ali and 2 others v. The State 1976 PCr.LJ 1021; and Muhammad Ramzan v. The State 2008 MLD 397; Muhammad Asif v. The State 2007 PCr.LJ 1292; Muhammad Abbas v. The State PLD 1988 SC (AJ&K) 14; Amir v. The State PLD 1972 SC 277; Syed Amanullah Shah v. The State PLD 1996 SC 241; and Nooruddin v. The State 2005 MLD 1267 ref. ORDER SALMAN TALIBUDDIN, J.---This application under section 497, Cr.P.C. was heard on 15-6-2009 on which date a short order was passed admitting the applicant/accused was admitted to bail in the sum of Rupees 200,000 and P.R. Bond in the like amount to the satisfaction of the trial Court. The following are the reasons for the short order dated 15-6-2009. By this application the applicant/ accused Muhammad Hassan son of Obhayo sought bail in Crime No.12 of 2009 Police Station Tando Ghulam Haider, District T.M. Khan under section 17(3) of the Offences Against Property (Enforcement of Hadood) Ordinance, 1979 and sections 337-A(i) and (ii), P.P.C. The F.I.R. in this case was lodged at 1930 hours on 4-2-2009 by Muhammad Ashraf son of Luqman. According to him, on 20-1-2009 he and his cousin Soomar son of Ghulam Muhammad Chang went…

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