Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.395/458/412---Dacotiy, house trespass by night after preparation for hurt, assault or wrongful restraint, dishonestly receiving property stolen in commission of dacoity---Bail, refusal of---Prosecution witnesses including the complainant had identified the accused during identification parade---Pistol and some cash had been recovered from the accused as looted property, which prima facie, had connected him with the offence---Co-accused having not been identified by prosecution witnesses in identification parade, their case was not identical with the case of accused---Said co-accused had been released on bail after their incarceration for a period of one year and more than two years, whereas present accused had remained absconder for more than two years and was behind the bars for the last only about five months---Two other cases under S.380, P.P.C. and S.13 of the West Pakistan Arms Ordinance, 1965, also stood registered against the accused and in case of his release on bail, he was likely to again abscond or repeat the offence---Offences under Ss.395 and 458, P.P.C. fell within the prohibitory clause of S.497(1), Cr.P.C.---Bail was declined to accused in circumstances. ORDER SH. AHMAD FAROOQ, J.---The instant post-arrest bail petition has been filed on behalf of Haider Shah, who is behind the bars, in a case arising out of F.I.R. No.26 of 2008, dated 2-2-2008, registered in Police Station Chak Bedi, District Pakpattan Sharif under sections 395/458/412, P.P.C. 2. Briefly, the prosecution story, as narrated by the complainant, in the F.I.R., is that during the intervening night of 9-1-2008 and 10-1-2008, six unknown accused, who were armed with weapons, made his brother Sakhi Muhammad, who was coming from the fields, hostage on gunpoint and forced him to call his brother Niaz Ahmad to open the door of the house, whereupon the said accused started beating Niaz Ahmad with the butts of their rifles. The accused also threatened the inmates of the house, got the keys of the boxes from the complainant and his brothers on gunpoint and looted Rs.50,000 in hard cash, gold ornaments weighing…

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