Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 457,380

Criminal Procedure Code (V of 1898)-­ ----S. 497---Penal Code (XLV of 1860), Ss.457/380---Bail, grant of--­ Charge of theft of gold ornaments ---F.I.R. and Recovery memo. contradicted each other and were inconsistent---Such fact required to be thrashed out at trial stage---Case against accused was of further inquiry---Accused was granted bail in circumstances. 1996 SCMR 511 and 2002 SCMR 442 ref. JUDGMENT Accused-petitioner Gulap Khan seeks his release on bail in case F.I.R. No.320 dated 14-8-2003 registered under sections 457/380, P.P.C at Police Station, Lakki. 2. The allegations against the accused-petitioners are that he on the night between 16/17-7-2003 at midnight time alongwith his co-accused committed theft of golden ornaments and cash amount etc. 3. After his arrest, the accused-petitioner applied for bail before the Court of Judicial Magistrate-II, Lakki Merwat who vide his order dated 29-8-2003 rejected the same. His further application before learned Sessions Judge was also rejected vide order dated 10-9-2003. Hence, this petition. 4. The learned counsel for the petitioner contends that the F.I.R was lodged after 27 days of the occurrence; that initial report was lodged in the daily diary on 17-7-2003 whereby the complainant did not charge any body and suspected his relatives for commission of an offence; that complainant party has not disclosed the source that from where they gathered information that the accused-petitioners are involved in the crime and that the word satisfaction is not sufficient to connect the accused with an offence; that the recovery effected from the goldsmith comprised of one necklace, one ring and ear-Tits whereas in the F.I.R, theft of necklace,…

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