Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979

Section: 17(3)

Law: Penal Code (XLV of 1860)

Section: 337-F(i)/34

Criminal Procedure Code (V of 1898)---   ----S. 498---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(3)---Penal Code (XLV of 1860), S.337¬F(i)/34---Pre-arrest bail---Accused was nominated in the F.I.R. with a specific role attributed to him in the occurrence---Delay in lodging the F.I.R. had been explained---Several injuries sustained by the complainant were duly supported by the record---Nothing was available on the file to show any previous enmity of the complainant with the accused to justify allegations of his mala fides in naming the accused for the commission of the crime---Pre-arrest bail was declined to accused in circumstances.   Niaz Hussain Panhwar for Applicant.   Abdul Jabbar Khaskheli for the State. ORDER Through this application under sections 497/498, Cr.P.C. applicant Manzoor Ahmed son of Haji Ghulam Muhammad seeks pre¬ arrest bail in Crime No.25 of 2002 of Police Station Jhallo wherein he has been charged for offence punishable under section 17(3), Offences Against Property (Enforcement of Hudood) Ordinance, 1979, 337-F(i) According to the prosecution story, allegations against the present applicant are that in an incident, which occurred at 8-30 p.m., on 3-10-2002, applicant who was armed with double-barrel gun, robbed complainant with cash of Rs.10,000 from his side pocket, one golden finger ring, two N.I.Cs. and Seiko-V wrist-watch. This offence, according to the F.I.R., was committed by five persons and during the incident motorcycle of complainant was also robbed and several injuries were caused to him. During investigation some accused have been apprehended. Robbed articles have been recovered by the police and case has been challaned before the trial Court. Learned counsel for the applicant contends that due to tribal enmity applicant has been falsely implicated in the crime. The F.I.R. is delayed by 14…

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