2010 PLP 468 (MLD)
SARFRAZ — Petitioner Versus THE STATE and another — Respondents
| Citation | 2010 PLP 468 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | SARFRAZ — Petitioner Versus THE STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2010 PLP 468 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 PLP 468 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 468 (MLD) (SARFRAZ — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Arif Alvi for Petitioner.
Headnotes / Summary
S.497(2)
Penal Code (XLV of 1860), Ss.395/411
Dacoity and dishonestly receiving stolen property
Four unknown persons, as per F.I.R., on fire-arm point had forcibly snatched the Tanker containing 24000 liters diesel worth Rs.16,25,000
Neither the accused was named in the F.I.R., nor he had been put to any identification parade
Driver and the conductor of the Tanker after sixteen days of the alleged occurrence, had for the first time named the accused as culprit in their supplementary statement
Liability of accused for the said offence would be determined by Trial Court after sifting the evidentiary worth of the supplementary statement
Till then, case of accused would be within the domain of S.497(2), Cr.P.C. calling for further inquiry into his guilt
Accused was not a previous convict and he was behind the bars for the last nine months
Judgment & Decree
CH. IFTIKHAR HUSSAIN, J.
Petitioner Sarfraz through the instant petition has sought for post arrest bail in case F.I.R. No. 433 registered under sections 395 and 411, P.P.C. with Police Station City Kehror Pacca, Lodhran on 21-9-2008.
2. Briefly the prosecution case as per the F.I.R. is that on 20-9-2008, four unknown persons, on firearm point have forcibly snatched tanker, containing 24000 liters diesel worth Rs.16,25,000 and they shut the driver and conductor of the same in an abandoned mosque near Riaz Guest House within the area of that Police Station and took away the tanker.
3. After hearing the learned counsel for the parties and perusing the record, I find that the petitioner is not named in the F.I.R. He, admittedly, has also not been put to any identification test. His name for the first time has figured in the supplementary statement of Ali Raza Hassan, Driver and Rizwan Haider, conductor recorded on 6-10-2008. This so was after sixteen days of the alleged incident. The evidentiary value of such supplementary statement is to be gone into at trial.
4. According to the learned DPG, the tanker has been recovered from him and his co-accused Yaseen. Firstly, this was a joint recovery and secondly, if at all, this may be taken as true, the same would maximum attract an offence under section 411, P.P.C., which does not fall within the prohibitory clause of section 497(1), Cr.P.C.
5. As regards, the allegation of dacoity against him, due to the above indicated factors i.e. his no nomination in the F.I.R., holding of an identification test and that of his name having figured in the supplementary statement of the said driver and conductor of the tanker after sixteen days of the alleged incident, I am of the clear view that it is yet to be ascertained that if he can ultimately be held liable for such an offence. His case, therefore, is covered under subsection (2) of section 497, Cr.P.C. calling for further inquiry into his guilt. He is stated to be behind the bars for the last more than nine months and a previous non-convict, which has not been controverted by the other side.
6. In such circumstances of the case, I accept this petition' and admit him to bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 with two sureties each in the like amount to the satisfaction of the learned trial Court. N.H.Q./S-281/L Bail granted.