Law:

Section:

Penal Code (XLV of 1860)-------S. 395---Constitution of Pakistan (1973), Art.185(3)---Dacoity---Application for cancellation of bail---Application for cancellation of bail after arrest was dismissed by the Trial Court, but on appeal, the High Court granted bail to accused under the impugned order and petitioner/complainant had filed petition before Supreme Court for cancellation of bail---Name of accused was mentioned in the F.I.R. and he was identified by the complainant on head-light of the vehicle---Accused was already known to the complainant---Accused also made firing with his kalashnikov with the result that two persons lost their lives and one became injured---Specific role, in circumstances had been assigned to accused---Case of prosecution had been fully supported by the injured and witnesses in their statements under S.161, Cr.P.C.---No doubt there was delay in lodging F.I.R., but the complainant had tried to explain such delay---Delay, however, by itself was not sufficient to grant of bail, unless same was supported by other circumstances--Explanation of delay in lodging the F.I. R. furnished by the complainant could be examined by the Trial Court at appropriate stage when the evidence was recorded in the case and the same was also subjected to cross-examination---Peculiar circumstances of the case, required deeper examination of the evidence, which could not be undertaken at bail stage---Reasonable grounds existed to believe that accused was involved in the case---Impugned order of High Court granting bail to accused was set aside---Petition was converted into appeal and was allowed. Ghulam Qadir Jatoi, Advocate-on-Record for Petitioner. Zafar Ahmed Khan, Addl. Prosecutor-General, Sindh. Date of hearing: 21st December, 2009. JUDGMENT RAHMAT HUSSAIN JAFFERI, J.---On 28-10-2008 at 10-00 p.m. the complainant / petitioner lodged F.I.R. with Police Station Khanwat, District Jamshoro, alleging therein that he along with other company officials was travelling in a vehicle when at 10-10 hours they reached the curve of Habibullah More on road leading towards coal mine, they saw a vehicle parked there and ten persons were committing a dacoity. On the…

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