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Criminal Miscellaneous No. 1272-B of 1982, decided on 4th August, 1982.
--S. 497-Bail-As per allegation petitioner alongwith co-accused committed robbery and deprived their two victims of Rs. 500 & Rs. 50-According to such victims petitioner was not present on spot and as such took no part in occurrence-Matter, held, required further investigation-Petitioner allowed bail, in circumstance.
Dr. Khalid Ranjha for Petitioner.
Muzaffar Hayat for the State.
This is an application for bail on behalf of Master Muhammad Asif in a case under section 17 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 (VI of 1979) registered at Police Station, Wazirabad City vide F. I. R. No. 185, dated 20-12-1981.
2. The prosecution case is that the petitioner alongwith the co-accused, committed a robbery and deprived the complainant, of Rs. 50 and Muhammad Ishaque P. W. of Rs. 500.
3. Learned counsel for the petitioner submits that it is a false case. He has placed on record copy of the affidavit of the complainant to the effect that the petitioner is innocent and he had not participated in the occurrence. He has also placed on record original affidavits attested by Abdul Rehman and Muhammad Ishaq, eye-witness to the effect that the petitioner is innocent. The complainant Abdul Rehman identified by Muhammad Feroze, A. S. I. owns copy of the affidavit (Annex. C'). The learned counsel for the State has, however, opposed this application on the ground, that it is a case of heinous offence.
4. After hearing the learned counsel I find that according to the complainant and the eye-witnesses, the petitioner was not present on the spot and A had not participated in the occurrence and as such the matter requires further investigation. He is, therefore, released on bail in the sum of Rs. 10,000 with one surety in the like amount to the satisfaction of A. C., Wazirabad.
Bail granted.
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