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Criminal Miscellaneous No. 1-B of 1982, decided on 27th November, 1983.
---S. 497(2) read with Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1919), S.17--Bail, grant of--[Robbery case]--Bail already allowed to co-accused and case of petitioner at par with theirs--Identification parade held about 21 months after occurrence in which petitioner not picked up by name--Petitioner in custody for last about one year and five months--Case against petitioner, held, one of further inquiry as covered by S. 497(2) of Cr.P.C.--Petitioner enlarged on bail, in circum stances.
Taj Muhammad Khan Langa for Petitioner.
Munir Hussain Shah for the State.
Date of hearing: 27th November, 1983.
Petitioner alongwith four others is accused of offence under section 17 of President's Order No.VI of 1979. It is alleged that petitioner and his co-accused committed robbery.
2. Learned counsel for the petitioner submits that all the four co- accused of the petitioner have been granted bail and the case of the petitioner is better than Farzand Ali who was allowed bail by the learned Sessions Judge, Leiah. Learned counsel for the State has opposed release of petitioner on bail and has submitted that Muhammad Ramzan, Riaz and Abdullah P.Ws. identified the petitioner as one of the accused although none of them could name him, as Mushtaq..
3. Bail has already been allowed to Farzand Ali, Muhammad Iqbal Zubair and Jafar, co-accused of the present petitioner, by the learned Sessions Judge/ Additional Sessions Judge, Leiah. The case of petitioner is at par with those already allowed bail. Petitioner is in custody since 24-6-1982. Petitioner was not previously known to the witnesses and identification parade is stated to have been held about two and a half months after the occurrence in which petitioner was not picked up by name. The case against the petitioner appears to be of further inquiry covered by section 497(2),. Cr.P.C. His person is no longer required for further investigation because he is lodged in the judicial lock-up. In the circumstances bail is allowed to the petitioner subject to his furnishing security in the sum of Rs.10,000 (Rupees ten thousand) with the surety in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Leiah.
S. G. D. Bail granted.
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