Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 395

(a)    Criminal Procedure Code (V of 1898)---

----S. 497(2)---Penal Code (XLV of 1860), S. 395---Dacoity---Bail, grant of--Further inquiry---Accused-applicant was charged for committing dacoity with the complainant---Applicant was nominated in the FIR along with co-accused and certain robbed articles were allegedly shown to have been recovered by the police from him at the time of his arrest---However, on same footings coaccused, who too was arrested by the police on 14.08.2023 and certain robbed articles were also recovered from his possession, had been granted post arrest bail on 15.08.2024---Other co-accused persons had also been granted extraordinary relief in shape of pre-arrest bail by the Court on 12.08.2024 yet the request so made by present applicant had been turned down for reasons best known to the Presiding Officer---Since some of the co-accused had been extended grace of pre-arrest bail and one had been released on post arrest bail, the case of present applicant was not only at par with them rather was on better footings than that of co-accused who had been granted bail by the Court below--When complainant who was victim of incident had no objection and coaccused had been granted bail, case of applicant was purely covered by subsection (2) to S.497, Cr.P.C---Bail application was allowed, in circumstances.

Nizamuddin v. The State and others SBLR 2024 Sindh 125 ref..