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Criminal Bail Application No. 431 of 1985, decided on 7th May, 1985.
Criminal Procedure Code (V of 1898)---
--S. 497--Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S, 17(3)--Bail--Accused not named in F. I. R.--Identification test not held at all--Case of further enquiry--Accused admitted to bail.
Ch. Muhammad Yasin for Applicant.
A.A. Muhammadally for A . A . -G . for the State.
Applicant alongwith other co-accused is being tried for offence under section 17(3), E.H.O., 1979, F.I.R. was lodged at Police Station Gulshan-e-Iqbal on 19-7-1984 at 2-40 p.m. Incident took place on 18-7-1984 at 1-30 p.m. According to the contents of F.I.R. complainant was present in his Video shop alongwith his servant Aslam and two other witnesses Imran and Mansoor were also present there, when three persons came there. One of them was wearing blue colour pant and shirt and was physically weak and was aged about 22 years. Second was aged 18 years, his colour was fair and he was wearing white pant. Third was aged 22 years and was wearing white Shalwar and Qameez. These persons wanted cassettes and complainant told them that rye would give them after finishing his lunch. They took away 25 English cassettes and Rs. 1,000 from his cash box, two of them had dagger and Revolver. Complainant and other witnesses kept silent. Culprits sat down in a car No. 050-776 and ran away.
Copy of order granting bail passed by my learned brother Abdul Razzak A. Thahim, J. in the same case has been produced, which shows that bail has been granted to the co-accused mainly on ground that identification test was not held. Mr. A.A. Muhammadally, A.A.-G. has confirmed this fact after perusal of police papers tnat identification test has not been held at all. He further stated that recovery of two cassettes has been made from the present applicant. Since there is no identification test 'in this case, it can be said that this is a case of further enquiry.
I admit applicant to bail in the sum of Rs. 50,000'-with one surety and P.R. in the like amount to the satisfaction of the trial Court.
S. A.
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