Law: Code of Criminal Procedure (CrPC), 1898

Section: 497(2), / 395 & 397/ Art. 22

Law: Pakistan Penal Code, 1860

Section:

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

Section:

1. Criminal Procedure Code (V of 1898)---

----S. 497(2)---Penal Code (XLV of 1860), Ss. 395 & 397---Qanun-e-Shahadat (10 of 1984), Art. 22---Dacoity, robbery or dacoity with attempt to cause death or grievous hurt---Post-arrest bail, grant of---Further inquiry---Identification parade, non-holding of---Complainant lodged the FIR with the allegation that unknown accused persons armed with pistol entered into the house of complainant and forcibly took a vehicle, cash amount, mobiles and original documents of the vehicle and motorcycle---Record revealed that that no identification parade had been conducted---Where the accused was not nominated in the FIR, identification parade was mandatory, but the prosecution after arrest of accused did not bother to conduct identification parade---There was, prima facie, no evidence available on record which confirmed the accused as the same persons who robbed the complainant--Mere recovery of some robbed property would not amount to offence of robbery--Investigation of the case was complete---As per prosecution the accused persons were armed, but neither accused caused any injury to the complainant nor weapon of offence had been recovered---Petitioners had made out a case for further inquiry--Bail was granted to the accused persons , in circumstances.

Gul Rehman alias Gull's case 2012 YLR 1146; Muhammad Suleman v. Riasat Ali 2002 SCMR 1304 and Muhammad Rafique v. The State 1997 SCMR 412 ref.