Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 392/411

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.392/411---Bail, grant of---Further inquiry---Initially the name of accused along with his co-accused did not figure in the F.I.R., but it surfaced for the first time in supplementary statement made by the complainant, five days after occurrence wherein he had stated that he had found out accused persons as the culprits---As a result of that supplementary statement accused and the rest of the three named accused had also been arrested---Allegation against accused and his co-accused was absolutely identical---During course of hearing of the bail application of the two co-accused, complainant got his statement recorded before the Magistrate, wherein he had resiled from his earlier stance taken in supplementary statement and had stated that he had named said two co-accused on basis of some misunderstanding---Complainant appeared to have arrogated to himself the authority to first involve some persons in a serious criminal case and thereafter declare them innocent---Such function was' the exclusive domain of the Investigating Agency and could not be assigned or delegated to the complainant---Possibility that accused had also been involved on the basis of some misunderstanding or on the asking of some body, could not be ruled out---Such itself was sufficient to render the case of accused one of further inquiry within the meaning of subsection (2) of S.497,Cr.P.C.---Accused was admitted to bail, in circumstances. ORDER M. BILAL KHAN, J.--- Tahir Islam son of Noor Muhammad, petitioner, who is accused in case F..I.R. No.244 of 2008, dated 12-6-2008, registered with Police Station Gogera, District Okara, for offences under sections 392, 411, P.P.C. by filing this petition seeks post-arrest bail. 2. The allegation in the F.I.R. registered at the instance of Hameed Khan son of Manzoor Hussain, complainant, was that four persons, the physical and facial descriptions of whom have been mentioned in the F.I.R., while variously armed first blocked the road between the area of Natwana Chowk and Ahata Bhawan Shah by putting stones and hay, then they forcibly entered into a wagon and commandeered…

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