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1990 P Cr. L J 272

MUHAMMAD NAEEM and others vs THE STATE

Citation1990 P Cr. L J 272
CourtLahore High Court
Case No.Criminal Miscellaneous No, 4451/B of 1989
Date1989-12-09
Judge(s)Khalid Paul Khawaja
ResultBail allowed

ORDER

' On 5-10-1989 at Plice Station Ichhra, Lahore a case under section 17 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 was registered against Muhammad Naeem, Muhammad Ishaque, Aamer Zaheer, Sheraz alias Mana and Asghar Ali at the instance of Hafiz Altaf Ahmad complainant.

2. According to the allegations contained in the F.I.R. a dacoit was committed in the house of the complainant at about 11/11-30 a.m. In his absence. He reached his house immediately after the occurrence and found that Rs,15,000 in cash, two gold rings, six gold bangles and two wrist watches had been stolen. He alongwith the other residents of the locality chased the culprits. Two of them namely Sheraz alias Mana and Aamer Zaheer were apprehended. Rs,3,040 and two rings were recovered from Sheraz while a wrist watch was recovered from Amer Zaheer. The said accused, later on, informed that Muhammad Naeem, Muhammad Ishque and Asghar Ali were also their companions and had participated in the occurrence. On the basis of this information Muhammad Naeem and Muhammad Ishaq, petitioners herein, were arrested on 20-10-1989. They have applied for their bail.

2-A. I have heard the learned counsel for the parties and have gone through the record.

3. The only material available on record against the petitioners consists of the statements of Sheraz and Aamer Zaheer accused which they had made before the police during the investigation, disclosing that the petitioners were also with them at the time of the commission of dacoity.

Obviously, these statements are not enough to connect the petitioners with the offence charged against them. No recovery has been effected from them. They were not put to any test identification parade. Their case therefore, requires further enquiry. They are in the judicial lock-up.

They are not required for the purposes of investigation which is complete. In these circumstances their further detention would not serve any useful purpose. They are admitted to bail in the sum of Rs,25,000 each with one surety each in the like amount to the satisfaction of A.C./Duty Magistrate, Lahore.

Cited by 2 cases

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