Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 395 & 412---Qanun-e-Shahadat (10 of 1984), Arts. 38 & 39---Dacoity, dishonestly receiving property stolen in the commission of dacoity---Bail, grant of---Case of no evidence---Implication of accused in the offence on basis of disclosure made by co-accused---Co-accused with similar roles already granted bail---Effect---Allegation against accused persons was that they took away an oil tanker belonging to the complainant and sold the oil present therein---Pleas of accused persons were that they were implicated in the offence on the basis of disclosure made by co-accused; that there was no evidence collected by police to determine as to who sold the stolen oil, to whom it was sold and for how much consideration---Validity---No iota of evidence was available to connect accused persons with charge of dacoity under S.395, P.P.C.---Application of S. 412, P.P.C. was also lacking in view of the record and evidence recorded by the court---Accused were initially arrested on the disclosure made by a co-accused, who was subsequently discharged by police after a compromise with the complainant---Admission/disclosure made by co-accused was not admissible in evidence in view of Arts.38 & 39 of Qanun-e-Shahadat, 1984---Amount of sale proceeds allegedly received by accused persons for the stolen oil remained shrouded in mystery and same could be determined at trial---Car allegedly used in commission of the offence was not shown in the F.I.R.---Co-accused persons having similar roles to that of accused persons were granted bail, therefore, principle of consistency was applicable to the present case---Accused persons were released on bail accordingly. ORDER NOOR-UL-HAQ N. QURESHI, J.---By this single order, both the above mentioned bail petitions are disposed of as arise of same F.I.R. 2. Both the petitioners seek post arrest bail in case F.I.R. bearing 373, dated 28-7-2011 under section 395/412, P.P.C., registered at Police Station Sabzi Mandi, Islamabad. 3. Initially, F.I.R. was lodged under section 406, P.P.C. but subsequently on the basis of supplementary statement of complainant on…

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