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Criminal Miscellaneous No. 74/B of 1985, decided on 27th January, 1985.
‑‑‑S. 497(1)‑‑Penal Code (XLV of 1860), S. 458‑‑Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17‑‑Accused identified at identification parade by witnesses‑‑Prima, facie, there were reasons to believe that accused were guilty of offences with which they were charged‑‑Case would, therefore, fall, within prohibitory clause of S. 497 (1), Cr.P.C.‑‑Bail refused in circumstances.
Ch. Muhammad Afzal Wahla for Petitioners.
Muhammad Shahnawaz Khan for the State.
The petitioners have been arrested in a case registered under section 458 of the Pakistan Penal Code and section 17 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979. The allegations against the petitioners are that in the early hours of 29‑9‑1984, at 4.00 a.m. when it was still dark, they broke into the house of Mr. Saeed‑u‑‑Zafar, Advocate, woke Mr. Saeed‑uz‑Zafar and his wife and forced them to surrender the keys of the house. They then took away ornaments, cash in the sum of Rs.5,000 prize bonds of the value of Rs.1,00,000 and a car. Both the petitioners were identified at an identification parade by Mr. Saeed‑uz‑Zafar and his wife. Prima facie therefore, there are reasons to believe that they are guilty of the offences with which they are, charged. As the offence under section 458 is punishable with imprisonment which may extend to 14 years the case of the petitioners falls within the prohibition laid down in section 497 (1) of the Code of Criminal Procedure. The prayer for bail is accordingly rejected.
S.A. Bail refused.
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