Law: Criminal Procedure Code (V of 1898)

Section: 497

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

Section: 17(3)

Law: Penal Code (XLV of 1860)

Section: 302,307,324,336,460,147

Law: West Pakistan Arms Ordinance, (XX of 1965)

Section: 13-D

Criminal Procedure Code (V of 1898)---   ----S. 497-Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(3)---Penal Code (XLV of 1860). Ss.302, 307, 324, 336, 460 147---West Pakistan Arms Ordinance (XX of 1965), S.13-D---Bail, grant of---Accused was nominated in F.I.R. and he armed with deadly weapons fired at deceased committed Harabah and forcibly, on show of weapons, took away cattle of complainant and thereafter he absconded---Accused, who was shown as proclaimed offender by Trial Court, was arrested after ten years when his co-accused were tried and acquitted by Trial Court---Accused did not surrender before Court of law or before acquittal order of co-accused; but remained absconded even when a compromise was arrived at between two communities---Accused was not entitled for concession of bail, in circumstances.    Baloo alias Piyar Ali v. The State 2001 PCr.LJ 372; Nasrullah and 2 others v. The State PLD 2000 Quetta 72; Ali Nawaz v. The State 1995 PCr.LJ 1316 and Zulfiqar and others v. The State and 10 others 1996 SCMR 326 ref.   Manzoor Ahmed Junejo for Applicant.   Ghulam Sarwar Korai for the State.   Date of hearing: 27th November, 2001. ORDER This special leave to appeal has been directed against the judgment dated 23-4-2002 passed by the Judicial Magistrate, Arifwala, whereby he acquitted respondents Nos. 1 to 5 namely Allah Ditta, Muhammad Bashir, Hamidan Bibi and Razia Bibi daughters of Muhammad Bashir respondent No.2 and Shamim Bibi of the charge under section 380, P.P.C. in a complaint case titled Qamar Abdul Sattar Bajwa v. Allah Ditta and others. 2. I have heard the learned counsel for the petitioner at length and gone through the impugned judgment. According to complaint the, respondents stayed in the house of the complainant on the night in between 26/27-8-2000 and left the house in the morning of 27-8-2000. It was further alleged that respondents stole gold ornaments weighing 22 Tolas belonging to his wife. P.W.1 complainant, P.W.2 Muhammad Bashir and P.W.3 Abdul Jabbar, brother of the complainant, conceded that they had not seen the respondents committing the offence. P.W.1 also…

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