Law: Pakistan Penal Code, 1860

Section: 395,412

Law: Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006

Section: 10,12

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Qanun-e-Shahadat (10 of 1984), Art.22---Penal Code (XLV of 1860), Ss. 395/412---Bail, grant of---Further inquiry---Case property, identification of---Farmas (stolen property) were never placed before complainant to ascertain its ownership and establish that recovered Farmas were stolen property---No evidence was available showing participation of accused in the alleged dacoity and that recovered Farmas were stolen property and that the Farmas were owned by complainant---Effect---Investigating Officer was legally required to mix Farmas in some others and had got those identified from complainant but such exercise was never undertaken and thus there was no evidence to establish that recovered Farmas were stolen property---Such was gross negligence on the part of Investigating Officer---High Court noted it with great concern that cases of Qatl-e-Amd, robbery and dacoity were being spoiled by adopting such mode and habitual dacoits or robbers were being let off---High Court further observed that it was a serious affair and senior officers of police department were keeping their eyes shut over such serious matters---Prosecution branch was also silent on such serious matter---Absence of such necessary evidence had put the case against accused within the domain of further inquiry---No reasonable grounds existed to believe that accused had committed offence under Ss. 395/412, P.P.C.---Bail was granted in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 395 & 412---Qanun-e-Shahadat (10 of 1984), Art. 22---Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act (III of 2006), Ss.10 & 12---Dacoity and dishonestly receiving property stolen in the commission of dacoity---Identification parade---Procedure of arrangements---Guidelines by High Court---Procedure for making arrangements for identification parade easier was prescribed by High Court for circulation to Prosecutor General, Advocate-General, Additional Inspector General of Police (Investigation) and all the Sessions Judges of the Province, who shall pursue the same and circulate it to all concerned and subordinate courts and…

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