Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 395/34

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.395/34---Bail, grant of---Accused and co-accused were named in the commission of the dacoity in the shop of the complainant, but they had been challaned under Ss.454/382/34, P.P.C---Statements of the complainant and those of the two prosecution witnesses recorded under S.164, Cr.P.C. before the Magistrate had revealed two versions of the incident, veracity of which was yet to be resolved at the trial---Such issue could not be resolved at this stage---Case of accused, thus, required further inquiry---Bail was allowed to accused in circumstances. THIS ORDER PASSED BY: MRS. QAISAR IQBAL, JUSTICE:---.--- Applicant Jawaid alias Builder son of Rahim Baloch has filed bail application under section 498/497, Cr.P.C., detained in Crime No. 166 of 2005 under section 395/34 registered at Police Station Risala Karachi (South). Precisely the facts leading to the prosecution case are that the complainant Muhammad Ajmal lodged report stating therein that he was working as Branch Manager with Messrs Pharmax Pakistan Pvt. Ltd., which has the medical store near main gate of Emergency Ward Civil Hospital, Karachi, and provide the emergency medicines to the ward patients. On 19-9-2005 at about 1119 hours he along with his colleagues was present in the shop when two unknown, could be recognized from the faces, came at the shop and gave prescription slip for medicines. Meanwhile, their companions 8-9 in number, demanded medicines immediately. On the complainant's refusal four boys out of the eight culprits came inside the shop including the applicant and surreptitiously removed the medicines from the shop. The matter was informed on 15 Madadgar Police and the report was lodged against the applicant and 8 accomplices for commission of the crime. The applicant was arrested on 28-9-2005 in the commission of the charged offence. The learned counsel appearing for the applicant has contended that there are two versions of the incident as depicted in the first information report and other spelled out from the testimony of P.Ws. Sajjad and Ratan, the star-witnesses of the prosecution. In the first version, the…

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