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Criminal Miscellaneous No. 3432-B of 1986, decided on 22nd December, 1986.

---S. 497--Penal Code (XLV of 1860), S. 382--Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), Art.17--Bail, grant of--Accused allegedly at gun point making complainant surrender his gun, wrist watch and some currency--Gun recovered from accused named in F. I. R.--Offence, falling under prohibitory clause, bail refused in circumstances.

Noor Alam Qureshi for Petitioner.

Muhammad Ashraf Khan for the State.

Vide F.I.R. No. 208, dated 2-9-1986 Police Station, S.haraqpur registered a case under the provisions of section 382, P.P.C. read with section le of the Offences Against Property (Enforcement of Hudood) Ordinance VI of 1979. The petitioner is named in the F.I.R. and he allegedly by threatening the complainant at the gun point made him to surrender his gun, his wrist watch and Rs.265. In course of the investigation the petitioner was arrested and the recovery of gun was affected from him. In support of this bail application it is argued that since no identification parade was held, therefore, the petitioner's participation is doubtful. I am not convinced with the arguments inasmuch as, the petitioner is named in the F.I.R. For such heinous offence I am not prepared to admit the petitioner to bail because the offence also falls within the prohibitory clause of section 497, Cr.P.C. Accordingly this petition is dismissed.

S. A . Bail refused.

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