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2004 P C R L J 611

MUHAMMAD RAEES vs THE STATE

Citation2004 P C R L J 611
CourtSindh High Court
Case No.Criminal Bail Application No,198 of 2003
Date2003-04-24
Judge(s)Muhammad Sadiq Leghari
ResultBail granted

ORDER

1. ' On 18-3-2002 three bandits out of whom two had pistols, trespassed into the house of Amir Baig at about 3-00 p.m. And made the inmates of the house hostage confining them in one room. One of the culprits kept watch over them whereas the two culprits collected valuable from the entire house. After collecting ornaments and other valuable including VCP the bandits went out bolting the room from outside and asking the inmates not to report the matter to anyone.

2. ' On 26-3-2002 Amir Baig lodged the report with Korangi Police, stating therein that they will be able to identify the culprits having robbed them. He also stated further that fourth culprit was also seen standing outside the house. He had Motorcycle No,KB-6461.

3. ' During investigation Syed Wamiq Hussain alias Khurram was arrested. It alleged that he gave a clue about the involvement of applicant Muhammad Raees and two others whereafter the applicant was arrested on 2-4-2002. He (applicant) is said to have produced one set of gold ornaments besides one ring and one locket, which were identified by the complainant at the time of recovery. Applicant's co-accused Syed Wamiq Hussain alias Khurram was granted bail by this Court vide order, dated 21-10-2002 for the reason that no recovery was made from him.

4. ' No doubt, recovery of some of the robbed jewellery is said to have been made from applicant Muhammad Raees but that is so many days after the incident. No identification parade was held for knowing as to whether the applicant was among the culprits having committed actual robbery.

5. In absence of that the evidence against him shows the possession of robbed articles and that offence by itself is not punishable with imprisonment for 10 years or more. The embargo put of section 497, Cr.P.C. Is not applicable. Moreover this applicant/accused has remained in jail for one year as reported by the learned counsel and not a single witness has been examined nor charge has been framed. He, therefore, deserves the concession of bail. . He shall be released on furnishing surety in the sum of Rs,50,000 and P.R. Bond in the like amount to the satisfaction of the trial Court.

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