Law: Pakistan Penal Code (PPC),1860

Section: 392, 387, 400, 401, 411

Law: Code of Criminal Procedure (CrPC), 1898

Section: 497(1), 497(2)

Law: Constitution of Pakistan, 1973

Section: 189

REMARKS

Petitioners Israr and Farid Ullah, arrested in FIR No.15/2025 under Sections 392, 387, 400, 401, and 411 PPC, were denied bail by the Sessions Judge. The Court found no prima facie evidence linking them to a habitual dacoity gang and noted that the alleged recovery of mobile phones did not, by itself, establish robbery. Citing Supreme Court precedents, the Court emphasized that bail should be granted when an offense does not fall within the prohibitory clause of Section 497 Cr.PC. With no previous criminal record and the investigation complete, the Court held that continued detention would serve no useful purpose.
(Bail was allowed).

Summary:Two-word description:
Bail Granted
This case involved a bail application by two accused persons, Israr and Farid Ullah, arrested in FIR No. 15/2025 for alleged offences under various sections of the PPC, including robbery, extortion, and belonging to a gang. The court found no prima facie evidence linking them to a habitual criminal gang and noted that the recovery of mobile phones alone was insufficient to prove robbery without proof of ownership or theft. The alleged offence, at most, fell under Section 411 PPC, which is outside the prohibitory clause of Section 497 Cr.PC. Applying Supreme Court precedents, the court emphasized that bail is the rule and refusal the exception in such cases, and that pre-trial detention should only occur to secure attendance or protect society. Finding no past criminal record and with the investigation complete, the court granted bail subject to sureties.