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Criminal Bail No. 757 of 1985, decided on 7th July, 1985.

‑‑‑S. 17(3)‑‑Bail, grant of‑‑Identification‑‑Identification of accused only from photograph in newspaper‑‑Identification parade not held‑‑Reason for not holding identification parade not advanced‑‑No recovery from accused made‑‑Case, held, was of further. enquiry in circumstances‑‑ Accused granted bail.‑‑ Identification].

Sardar Muhammad Ishaq for Applicant.

Muhammad Ibrahim Memon, Additional A.‑G. for the State.

This is a bail application filed by the applicant who is facing trial under section 17(3) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979. The bail application of the applicant has been rejected by order, dated 29‑6‑1985 of the trial Court. Hence the present bail application. I have heard Mr. Sardar Muhammad Ishaq, learned counsel for the applicant and Mr. Muhammad Ibrahim Memon, Additional A.‑G. for the State,

It is contended by the learned counsel for the applicant that no identification parade has been held although nearly two months have passed since the arrest of the applicant. The F.I.R. was lodged in this case on 28‑11‑1984 and the applicant was arrested after the complainant saw a photograph of the applicant in a newspaper and informed the police that the person in the photograph was one of the culprits. According to the learned counsel for the applicant there has been no proper and legal identification of the applicant. It is then contended that the applicant does not fit in the description of any of the three culprits given in the F.I.R. It is also contended that there has been no recovery from the present applicant.

The bail to the present applicant is not opposed by the learned Additional A.‑G. According to the learned Additional A.‑G. the police papers available with him do not give any lawful justification for not holding the identification test. According to the record, at this stage, the only piece of evidence that connects the applicant with the offence is the identification of the applicant from his photograph in the newspaper. No identification parade has been held. No reason has been given for not holding the identification parade. No recovery has been made from the applicant. In the circumstances, in my view, this is a case for further enquiry.

Criminal Bail Application No.757 of 1985 is granted and the A applicant Mahmood son of Behram is ordered to be released on bail on his furnishing one surety in the sum of Rs.50,000 with P.R. bond in the like amount to the satisfaction of the Nazir of this Court.

S.A. Bail accepted.

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