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Criminal Miscellaneous No. 1255‑B‑85/BWP, decided on 22nd September, 1985.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 382‑‑Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17‑‑Bail‑‑Name of accused not mentioned in first information report and' no identification parade was held after his arrest‑‑Question of his guilt/innocence requiring further inquiry‑‑Bail allowed.
K.A. Chauhan for Petitioners.
Ata Muhammad Baloch for the State.
This is an application for bail by Muhammad Azim Khan, Abdul Mustafa, Shaaban, Abdul Hafeez and Abdul Ghafoor petitioners in case under section 382, P.P.C. and section 17 of the offence against property (Enforcement of Hudood) Ordinance, 1979 registered at P.S. Chishtian vide F.I.R. No. 152/85, dated 8‑6‑1985.
2. The allegations are that the petitioners and two others duly armed with fire‑arms came at Tahir Petroleum Service at 11 p.m. on 7‑6‑1985 and committed robbery.
3. The learned counsel has not pressed for the bail of Muhammad Azim Khan, Abdul Mustafa, Shaaban and Abdul Hafeez at this stage. He submitted that the name of Abdul Ghafoor petitioner No. 5 is not mentioned in the F.I.R. and as such a case for grant of bail to him is made out. The learned counsel for the State has however opposed the plea for the bail of Abdul Ghafoor on the ground that in his supplementary statement recorded after the registration of the case the complainant had named him as one of the culprits.
4. I have considered the submissions made by the learned counsels for the parties. Be that as it may, the fact remains that the name of Abdul Ghafoor is not mentioned in the F.I.R. and no identification parade was held after his arrest, so the question of his guilt/innocence requires further enquiry. He is therefore, allowed bail in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Chishtian.
5. It would be open to Muhammad Azim Khan, Abdul Mustafa, Shaaban and Abdul Hafeez petitioners, to apply for grant of bail a and when fresh ground arises in due course of events.
M.Y.H. Bail granted.
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