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Criminal Bail Application No. 144 of 1987, decided on 8th March, 1987.
‑‑S. 497‑‑Penal Code (XLV of 1860), S. 399‑‑Bail, grant of‑ Preparation to commit dacoity‑‑F.I.R. not disclosing making of any preparations to commit dacoity‑‑Allegation not supported by any material on record‑‑Investigation complete‑‑Challan put in Court‑‑Trial not yet started‑‑No incriminating material against accused‑‑Bail granted in circumstances.
K.M. Nadeem for Petitioner.
Suleman Habibullah and Syed Sarfraz Ahmed, A.A.‑G. for the State.
This order will dispose off the two applications. The report of the incident was lodged by Malik Muhammad Akbar, A.S.I. wherein it is stated that he arrested five persons including the present two applicants as they were preparing to commit dacoity. On their personal search a dagger was recovered from the fold of Shalwar of applicant Iqbal and a clip was recovered from the right side pocket of applicant Muhammad Zada. The applicants had been arrested at about 1700 hours and the First Information Report does not disclose that they were making preparations to commit dacoity and this allegation is not supported by any material on record. The investigation is complete and challan has been submitted. The trial has not yet started. At present there is no incriminating material against the applicants. The applicants are admitted to bail if each one of them furnishes surety in the sum of Rs.15,000 each Rupees fifteen thousand only) and P.R. Bond in the like amount to the satisfaction of the trial Court. Any observation on the merits of the case is not binding on the trial Court.
S.A./M‑79/K Bail granted.
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