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Criminal Bail Application No. 245 of 198.4, decided on 18th March, 1984.
---S. 497--Offence Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(3)--Bail, grant of--Allegedly while complainant was counting cash, two muffled faced culprits entered into his room and forcibly took away cash--Petitioner not named in F.I.R. nor put to identification test--Only a bag containing cash allegedly recovered from petitioner--Petitioner allowed bail, in circumstances.
Khawaja Naveed Ahmad for Petitioner.
A.A. Muhammadally for the State.
Applicant Shahid Ahmed is facing trial under section 17(3) of Offences Against Property (Enforcement of Hudood) Ordinance, 1979.
The brief facts of the case are that on 27-9-1983 complainant Dabeer Ahmad was counting cash in his room at Cigarette shop at Landhi. It is alleged that two persons whose faces were half-muffled entered the room and forcibly took away the cash. Culprits also gave dagger injury to Abdul Ghaffar who was present in the shop. The applicant was arrested on 23-10-1983 and it is alleged that on 27-10-1983 he produced one empty bag.
Mr. Khawaja Naveed, learned counsel for the applicant contended that there is no recovery from the applicant. The allegation is that co-accused produced the property and the pistol, who is in custody.
Mr. A.A. Muhammadally, A.-A.G. for the State has no objection to grant of bail and submits that in the present case Police has failed to hold identification test of the applicant through the witnesses. It is admitted fact that the name of the applicant does not appear in F.I.R. A According to statement of Mr. A.A. Muhammadally no identification test has been held. The recovery is of only bag which contained money at the time of robbery. In so many cases it has been observed that deliberately Police has failed to arrange identification test. It is very necessary that identification test be made, when name of accused does not appear in F.I.R.
In view of the circumstances, I order that applicant Shahid Ahmed be released on bail on furnishing one solvent surely in the sum of Rs. 50,000 (Rupees Fifty Thousand) and one P.R. bond in the like amount to the satisfaction of the Additional Sessions Judge, Karachi. The order of this case be sent to I.-G. Police and Home Secretary.
S.G.D. Bail granted.
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