Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 393,324

Criminal Procedure Code (V of 1898)---.--- ---.---S. 497(2)---.---Penal Code (XLV of 1860), Ss.393 & 324---.---Robbery and attempt to commit Qatl-i-amd---.---Bail, grant of---.---Accused was not named in the F.I.R.---.---Although accused was picked up in the identification parade, yet the same was held after one year and three months of the occurrence---.---No recovery was effected from the accused---.---None of the injuries sustained by the complainant was ascribable to accused---.---Case of accused was open to further inquiry into his. guilt within the meaning of S.497(2), Cr.P.C.---.---Accused was in jail for the last more than six months and his trial had not so far commenced---.---Accused was admitted to bail in circumstances. Mehr alias Fazal Muhammad and 2 others v. The State 1978 PCr.LJ 176 ref. THIS ORDER PASSED BY: CH. IFTIKHAR HUSSAIN, JUSTICE:---.--- Petitioner Azhar Waheed through the instant petition has sought for post arrest bail in case F.I.R. 1'16.74 registered tinder sections 393 and 324, P.P.C. with Police Station Gulgasht, Multan on 28-2-2008. 2. Briefly the prosecution case as per the F.I.R. is that on 28-2-2008 at about 12-10 p.m. three unknown persons have intercepted the complainant at some distance from city hospital near the graveyard and they asked him to handover to them his motorcycle and on his resistance, one of them, fired straight on his left leg and the other on his right foot. On the attraction of the witnesses, they fled away from the scene, while firing in the air. 3. It has been argued on his behalf that he has falsely been roped in; that he has nothing to do with the alleged offence; that he has no concern with his co-accused; that he was put to identification test about one year and three months after the alleged incident and such belated parade, thus, carries no value in the eyes of law and in support of the same, he has placed reliance upon the case of Mehr alias Fazal Muhammad and 2 others v. The State 1978 PCr.LJ 176 (Karachi), that nothing has been recovered from him during the investigation, that no injury of the complainant is ascribed to him and so, his case is open to further inquiry into his guilt; that he…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492