| Citation(s) |
|---|
| 2013 SLG 933 2013 SLD 933 2003 PCRLJ 1 |
Lahore High Court
Appeal/Case No: Crl. Misc. No. 2028/B of 2012
ALI BAQAR NAJAFI, J.
For the Petitioner. Rana Muhammad Shakil, Advocate. For the State. Munir Ahmad Siyal, D.P.G.
Appeal/Case No: Crl. Misc. No. 2028/B of 2012
ALI BAQAR NAJAFI, J.
For the Petitioner. Rana Muhammad Shakil, Advocate. For the State. Munir Ahmad Siyal, D.P.G.
Manzoor Ahmad
VS
The State and others
Law: Criminal Procedure Code (V of 1898)
Section: 497(2)
Law: Pakistan Penal Code, 1860
Section: 392
BAIL (ROBBERY)---(Improbabilities) Criminal Procedure Code (V of 1898)--- ---S. 497(2)---Pakistan Penal Code, 1860, S. 392---Bail after arrest, grant of---Improbabilities---Validity---It did not appear to a prudent mind that complainant party in carrying cash of Rs. 2,00,000/- out of which only Rs. 17,000/- was allegedly looted by accused person---Effect of alleged recovery of pistol from petitioner would be determined by Trial Court after recording evidence---There was no progress in trial---Case called for further inquiry---Bail after arrest granted. [It was astonishing that the complainant party was carrying an amount of Rs. 2,00,000/- with it, that the accused looted a sum of Rs. 17,000/- only. Bail was allowed]. ORDER ALI BAQAR NAJAFI, J. --- The petitioner, through this petition, seeks post-arrest bail in case F.I.R. No. 102, dated 19.2.2012 under Section 392 of the Pakistan Penal Code, 1860, registered at Police Station, Mumtaz Abad, Multan. 2. Briefly the prosecution story as narrated in the F.I.R. is that the complainant alongwith his employee namely Muhammad Rafi son of Muhammad Ameen left International Foods Factory on motor-bike carrying cash of Rs. 2,00,000/- to his own Factory and when reached near Goal graveyard two persons riding motor-bike appeared and one took out his 30 bore pistol, pointed at them and forcibly snatched Rs. 17,000/-. Later on, during scuffle it was informed by Muhammad Farooq son of Muhammad Rafi that one of them was recognized as Manzoor Ahmad i.e. the petitioner, hence this F.I.R. 3. The learned counsel for the petitioner contends that there is an unexplained delay of 3 days in lodging the F.I.R.; it does not appeal to a prudent mind that the complainant party was carrying cash of Rs. 2,00,000/-, out of which Rs. 17,000/- was looted by the accused persons, hence…
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