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TARIQ versus STATE


Criminal Code (CRPC) Property against Section 497 Crimes (Enforcement Hood) Ordinance (VI 1979), Section 17 bail, no direct evidence available on record, only extra-judicial confession and proof of identity of the accused before the police No holding parade, identification of the accused, is permitted in the circumstances

1987 P Cr. L J 972

[Lahore]

Before Mazharul Haq, J

TARIQ‑‑Petitioner

versus

THE STATE‑‑Respondent

Criminal Miscellaneous No.365'3/B of 1986, decided on 8th February, 1987.

Criminal Procedure Code (V of 1898)‑‑

‑‑‑S. 497‑‑Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979) , S.17‑‑Bail, grant of‑‑No direct evidence available on record‑‑Only evidence being of extra‑judicial confession and identification of accused before Police‑‑No identification parade held, for identification of accused‑‑Bail allowed in circumstances.

Abdur Rehman Madni for the State

ORDER

There is extra‑judicial confession of the petitioner and identification of the petitioner before the police. There is no regular identification parade held for his identification. Learned counsel for the petitioner 'contended that in the absence of the direct evidence, the petitioner may ultimately be guilty of the offence under section 411 P.P.C. because the scooter was allegedly recovered from him.

2. I have considered the matter. Admittedly, there is no identification parade held in this case. Petitioner is allowed bail in the sum of Rs.10,000 (Rupees ten thousand) with two sureties each in the like amount to the satisfaction of A.C./Duty Magistrate, Sargodha.

S.A./T‑4/L Bail allowed.

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