Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (LXV of 1860), Ss.395, 435 & 504---Dacoity, mischief by fire or explosive substance, intentional insult---Bail, grant of---F.I.R. in the case was lodged after more than one month and twenty days---Such delay did not reflect that after the incident complainant approached the concerned Police Station and Police refused to register his case---Perusal of mashirnama of wardat had revealed that chaff had been taken away, whereas some chaff was set on fire---F.I.R. alleged that after loading the chaff in the tractor trolly the remaining chaff was set on fire by accused party, but it was a mystery as to how the ash of such burnt chaff was found at the place of occurrence, even after more than 50 days which could have disappeared with the passage of time---Section 395, P.P.C. provided punishment with imprisonment for life or rigorous imprisonment for a term not less than 4 years nor more than 10 years, whereas Ss.435 & 504, P.P.C., did not carry punishment beyond 7 years and did not fall within the prohibitory clause of S.497(1), Cr.P.C.---Accused could be granted bail while considering the lesser sentence as provided in S.395, P.P.C.---F.I.R. having been registered with inordinate delay without furnishing any explanation and during investigation no incriminating articles had been recovered from the accused, he had succeeded to make out a case for bail as no reasonable ground was to believe that accused had committed the offence punishable with death, imprisonment for life or 10 years---Accused was released on bail, in circumstances. 2006 YLR 3167 rel ORDER AHMED ALI M. SHAIKH, J.---Applicant Mevo Rind along with others has been booked in Crime No.24 of 2011 of P.S. Shandadpur for offence under sections 395, 435 and 504, P.P.C. and through instant application, he seeks post arrest bail as his bail plea has been turned down by the trial Court vide order dated 18-3-2011 According to prosecution case, on 30-11-2010, applicant along with co-accused Chanesar, Moharram, Gul Hassan, Waloo, Raboo, Malook, Mithal and Asif came on the lands of Wahid Bux where his hari Sarang was present. Out of them applicant…

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