Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 392,397/34

Criminal Procedure Code (V of 1898)---S. 497---Penal Code (XLV of 1860), Ss. 392 & 397/34---Bail, refusal of---Case of accused was not at par with the case of co-accused who had been granted bail earlier---Accused was caught red handed by the complainant with the help of others---Pistol of .30 bore with loaded magazine containing two bullets was recovered from the accused---Other mohalla people and nearby shopkeepers had also gathered at the spot who beat accused and when the police came he was handed over to the police---Co-accused was granted bail on the ground that neither his name appeared in the F.I.R nor any recovery was effected from him, and name of said co-accused was disclosed by accused---Bail on the ground of rule of consistency would attract when there appeared same role and same allegations, but in present case facts and circumstances were quite different to the facts and circumstances of co-accused who had been granted bail by the Trial Court---Contentions with regard to violation of S.103 Cr.P.C. and false implication of accused, had no force for the reasons that accused was caught at the spot by the complainant with the help of his salesmen and handed over to police---No proof in respect of enmity of accused with the complainant had been furnished---No case for grant of bail having been made out, his bail application was dismissed. ORDER MUHAMMAD AFZAL SOOMRO, C.J.---This order will dispose of the above Criminal Bail Application arising out of Crime No.143 of 2007 registered at Police Station Orangi Town, Karachi for offence under sections 392, 397/34, P.P.C. The prosecution story as unfolded in the F.I.R. lodged by complainant Muhammad Ali, is reproduced herein below:-- "I reside at the address given in Column No.2 of F.I.R. and I have a Bakery in the name and style of "Rabia Sweet and Nimco Bakers" at Qattar Hospital Road, Sector 8/L. Today i.e. 3-7-2007 I was busy in my business at Bakery along with salesmen Muhammad Shakeel, Bilal son of Ghulam Rasool and Nasrullah alias Guddu, when at about 11-15 p.m., three persons came in Bakery and two of whom asked me to keep quite by pointing pistols on me and opened the draw of counter and got…

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