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1994 MLD 1131

MUHAMMAD ARSHAD vs THE STATE

Citation1994 MLD 1131
CourtLahore High Court
Case No.Criminal Miscellaneous No,230-B of 1994
Date1994-02-23
Judge(s)Falak Sher
ResultBail refused

ORDER

' Bail was sought in the case registered vide F.I.R. No,232 of 22-7-1993 under section 392, P.P.C. At Police Station Sadar Kamoke alleging robbing off the complainant of his yellow cab bearing registration mark 7071/LHP by the petitioner along with his companion Muzammal respectively equipped with Carbine and a knife near railway crossing Sadhoke having rented in the same around 5-30 p.m. From Lahore Railway Station for journey to Gujranwala, names whereof were divulged during inter se conversation while travelling.

2. Contending that save for the complainant's statement prosecution is not possessed of any corroborative piece of evidence lack of identification parade despite being stranger to the complainant as passengers, is not a previous convict and has been falsely implicated on which count has already suffered incarceration of 7 months.

3. With which I am not persuaded because not only despite the query no enmity has been spelt out justifying false implication by the complainant being utter strangers but also reportedly red- handed arrest with the case property alongwith the crime weapon in hot pursuit in a promptly registered F.I.R., constitute sufficient ground for believing petitioner's involvement in the offence charged falling within the prohibition contemplated by section 497(1), Cr.P.C. Renders him disentitled to the sought for concession. Conversely the interest of justice would seem to be better served if the case is expeditiously concluded.

' Consequently declining bail, learned trial Court seized of the matter, is required to finalise the proceedings expeditiously.

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