Law: Criminal Procedure Code (V of 1898)

Section: 103,497(2)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 38

Law: Pakistan Penal Code, 1860

Section: 34/382

Criminal Procedure Code (V of 1898)--- ----Ss. 497(2) & 103---Penal Code (XLV of 1860), Ss. 382/34---Qanun-e-Shahadat (10 of 1984), Art. 38---Theft after preparation made for causing death, common intention---Bail, grant of---Further inquiry---Accused and co-accused persons allegedly stopped a trailer, robbed its drivers and conductor and took away the trailer with them---Delay of five days in lodging of F.I.R. had not been explained by the complainant, giving the fact that distance between place of incident and police station was only 5 to 6 kilometers---After his arrest accused was not produced before the Magistrate for identification parade---Extra-judicial confession of accused was not admissible as evidence under Art. 38 of Qanun-e-Shahadat, 1984---No recovery had been effected from exclusive possession of accused, nor was he the owner of the Adda (bus stand) from where the recovery was effected---During recovery of robbed property, no private person was cited as mashir, which was a violation of S. 103, Cr.P.C:---.---Case of accused did not fall within the prohibitory clause of S. 497, Cr.P.C:---.---Accused was admitted to bail accordingly. 1997 SCMR 412 and 1997 SCMR 971 rel. 2002 SCMR 1304 ref. 1995 SCMR 614 distinguished. THIS ORDER PASSED BY: AFTAB AHMED GORAR, JUSTICE:---.--- The applicant Shahzad son of Wazeerzada seeks bail in Crime No.401 of 2012 registered at Police Station Shah Latif Town under sections 382/34, P.P.C. The prosecution story, in nutshell, is that on 28-6-2012 the complainant who is driver of Trailer bearing Registration No.TLC-905 loaded Ghee in the shape of Tins, Packets and Cartons total weighing 36130 Kg. in the truck from the factory situated at Korangi Karachi and on 29-6-2012 proceeded to Katcah Khoya Punjab for supply of said ghee along with second driver Abu Bakar and conductor Waqar and when they came down to the bridge of Zafar Town and reduced the speed of the vehicle due to speed breaker, one Mazda reached there wherefrom three persons came down and stopped the complainant party and after getting them down, robbed cash, mobile phones and took away Trailer loaded with ghee as stated above. Learned counsel for the…

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