1990 P Cr (PLP)

S. 497(2)

Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17

Bail

Only material available on record against accused petitioners consisted of statements of co-accused made before police during investigation regarding their participation in commission of dacoity which obviously were not enough to connect accused petitioners with the offence

No recovery had been effected from accused petitioners who were not even put to any test identification parade

Case against accused petitioners thus, required further enquiry who were in judicial lock-up and were not required for investigation as the same was complete and their further detention was not to serve any useful purpose

Accused petitioners were admitted to bail in circumstances. Azar Latif Khan for Petitioners. Nasir Sabir for the State On 5-10-1989 at Police Station Ichhra, Lahore a case under section of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 was registered against Muhammad Naeem, Muhammad Ishaque, Aamer Zaheer, Sheraz alias Mana and Asghar Ali at the instance of Hafiz Altaf Ahmad complainant.

2. According to the allegations contained in the F.I.R. a dacoity was committed in the house of the complainant at about 11/11-30 a.m. in his absence. He reached his house immediately after the occurrence and found that Rs.15, (Win cash, two gold rings, six gold bangles and two wrist watches had been stolen. He alongwith the other residents of the locality chased the culprits. Two of them namely Sheraz alias Mana and Aamer Zaheer were apprehended. Rs.3,040 and two rings were recovered from Sheraz while a wrist watch was recovered from Amer Zaheer. The said accused, later on, informed that Muhammad Naeem, Muhammad Ishque and Asghar Ali were also their companions and had participated in the occurrence. On the basis of this information Muhammad Naeem and Muhammad Ishaq, petitioners herein, were arrested on 20-10-1989. They have applied for their bail. 2-A. I have heard the learned counsel for the parties and have gone through the record.

3. The only material available on record against the petitioners consists of the statements of Sheraz and Aamer Zaheer accused which they had made before the police during the investigation, disclosing that the petitioners were also with them at the time of the commission of dacoity. Obviously, these statements are not enough to connect the petitioners with the offence charged against them. No. A recovery has been effected from them. They were not put to any test identification parade. Their case therefore, requires further enquiry. They are in the judicial lock-up. They are not required for the purposes of investigation which is complete. In these circumstances their further detention would not serve any useful purpose. They are admitted to bail in the sum of Rs.25,000 each with one surety each in the like amount to the satisfaction of A.C./Duty Magistrate, Lahore. N.H.Q./M-1787/L Bail allowed.