The petitioner along with others was reported against vide F.I.R. No-398, dated 20-8-1995 for offences under section 382, P.P.C. Read with section 17 of Ordinance VI of 1979 registered with Police Station Hujra Shah Muqeem, District Okara.
2. According to F.I.R., the petitioner along with others armed with deadly weapon looted the house of nephews of the complainant.
3. In support of the petition, learned counsel argued that as no identification parade was held, as such the case of the petitioner is one of further inquiry; recovery was not effected from the petitioner and the only evidence against the petitioner is that of confession of joint recovery. To substantiate his arguments learned counsel relied on 1993 SCMR 1378, 1995 PCr.LJ 1344 and 1986 MLD 2409.
4. The petition was hotly opposed by learned counsel for the State. According to him, the petitioner is a habitual offender inasmuch as after the registration of the present F.I.R. Two other cases under sections 457/380/399 and 402, P.P.C. Have been registered and as such he is not entitled to discretionary relief.
5. I have heard learned counsel for the parties at length and have gone through the citations relied upon by the learned counsel for the petitioner. The decision of the Honourable Supreme Court of Pakistan is not applicable to the facts of the case in hand. Same is the position of citations of Sindh High Court. In the case of Muhammad Hussain alias Hussaini v. The State PLD 1995 Lah. 229 the learned Judges of the High Court held that identification parades are A held not as a rule of law but as the rule of prudence to eliminate the possibility of any mistake. It is also a rule of common sense that at the gun point, the victim will not be in a position to recognise as to who was the culprit, if not previously known. The petitioner even otherwise is a hardened criminal involved in many cases of theft and grant of bail to such an accused would amount to 8 giving him the premium of nefarious act. I am, therefore, not inclined to exercise my discretion in favour of the petitioner. Resultantly, the bail petition is dismissed.