Law:

Section:

(a) Penal Code (XLV of 1860)----S. 392---Qanun-e-Shahadat (10 of 1984), Art.22---Identification parade necessary if .culprits not named in the F.I.R.---Identification test becomes necessary where names of the culprits are not given in the F.I.R.---Holding of such test is not only a check against false implication but is a good piece of evidence against genuine culprits. ---[Identification parade] (b) Criminal Procedure Code (V of 1898)--Ss. 497 & 103---Penal Code (XLV of 1860), S.392---Constitution of Pakistan (1973), Art.185(3)---Bail---Holding of identification test could not be dispensed with simply because accused who had allegedly committed the robbery had been subsequently found in possession of the robbed goods---Truck having been robbed in the presence of the complainant driver and his cleaner, identification test through them was absolutely necessary---Investigating police did not appear to have complied with the provisions of S. 103, Cr.P.C. while effecting the recovery of the robbed truck---Petition for leave to appeal was converted into appeal in circumstances and the accused was admitted to bail accordingly.---[Identification parade]. Mian Muhammad Ilyas, Advocate Supreme Court 4 Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Ch. Muhammad Ibrahim, Advocate Supreme Court for the State. Date of hearing: 26th November, 1996. JUDGMENT MUKHTAR AHMED JUNEJO, J.---Petitioner Farman Ali seeks leave to appeal against the Lahore High Court's judgment dated 31-7-1996 dismissing his bail prayer and affirming the order passed by a learned Additional Sessions Judge dismissing first application for bail in the case which is outcome of F.I.R., No.371 of 1994 of Police Station Sharaqpur Sharif, .District Stiaikhupura. . 2. Said F.I.R. relates to robbery of Truck No.5485/GLT from possession of its driver complainant Khalid Mahmood and its cleaner Qamar Shahzad on 28-10-1994 at 1-00 a.m. at the road going to Sharaqpur from Shaikhupura. As per the F.I.R., the robbery was committed by foul unknown culprits who were in Truck No.6919/PRD and were armed with firearms. They parked their truck in front of the complainant's truck to stop it. One of the…

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