Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Offence of Zina (Enforcement of Hudood) Ordinance, 1979

Section: 17(3)

Criminal Procedure Code (V of 1898)--- ----S.497---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(3)---Haraabah---Bail, grant of---Inordinate delay of four months in lodging F.I.R.---In the present case, such offence was committed and the complainant/his nephew were victims of such incident, by which they were deprived of the heavy amount and the complainant should have immediately approached the Police, but he had chosen to involve himself in the negotiations with accused---Lodging of F.I.R. in such circumstances with consultation and false implication could not be ruled out, particularly when no recovery had been effected from the accused---Accused was released on bail, in circumstances. THIS ORDER PASSED BY: BHAJANDAS TEJWANI, J.--- The allegations against the applicant are that on 2-6-2009, the complainant along with his nephew Amjad Ali went in private car with private driver, the present applicant along with three others robbed cash of Rs.1,52,00 two mobile phones of Nokia Company and identity card on the show of fire-arm weapons. Thereafter, it is alleged by the complainant that he approached the applicant for return of the property who kept the complainant on promises, but on refusal the complainant has chosen to lodge the F.I.R. with delay of four months. The learned counsel for the applicant has contended that there is inordinate delay in lodging the F.I.R. for which no plausible explanation has been furnished. The F.I.R. has been lodged with full consultation and pre-planning to involve a respectable person in a crime, failing which when the complainant was deprived from heavy amount and such heinous offence as alleged by the complainant has taken…

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