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2000 MLD 1709

ABID and another vs STATE

Citation2000 MLD 1709
CourtLahore High Court
Case No.Criminal Miscellaneous No.410-B of 2000
Date2000-02-16
Judge(s)Falak Sher
ResultBail granted

ORDER

' Petitioners having been arrested in the case registered vide F.I.R. No.141 of 19-3-1999 under section 392, P.P.C. Police Station B Division, Kasur alleging robbing of the complainant of Rs,4,000 cash I.D.

Card, wrist-watch and registration book of the within mentioned motorbike he was riding enroute to his place of abode about 9-00 p.m. Within immediate vicinity of the shrine of Barat Shah by two youthful offenders at pistol point on 7-3-1999 of which the petitioners were suspected further the wrist-watch and copy of the registration book of the complainant's motorbike could be identified by Muhammad Aslam and Muhammad Siddique have sought bail.

2. Contending belated reporting of the incident for 12 days after preliminary investigation without spelling out any basis for suspecting the petitioners to be the culprits particulars of whose identity have not been divulged in the F.I.R. Specially visualized in thelight of the fact that since the cited witnesses are only reported to be in a position to identity his wristwatch and the registration book of the motorbike which by no stretch of imagination furthers the prosecution case qua the petitioner's identity; further had that been so there was nothing in their way not to strip off the complainant of the motorbike as well; the alleged recovery of registration book and cash being not vouched by any private person from the vicinity is amenable to doubt thus, a case of no evidence and with the submission of challan are no more required by the Investigating Agency on which count they have already suffered more than 11 months' internment and with the submission of challan are no more required by the Investigating Agency trial whereof till date has not commenced.

3. Which has been opposed by the learned counsel appearing on behalf of the State reiterating the prosecution story without dislodging the contentions urged upon instruction imparted by the police official in attendance equipped with the record.

4. Persuaded whereby the petitioners are allowed bail upon furnishing bail bonds in the sum of Rs,50,000 each with the sureties each in the like amount to the satisfaction of the trial Court.

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