--Robbery, dacoity, dishonestly receiving stolen property---Bail, grant of---Delayed FIR---Nomination of accused through supplementary statement--

 2022 Y L R 136

[Lahore]

WARIS

Versus

The STATE and another

(a) Criminal Procedure Code (V of 1898)---

----S. 497---Penal Code (XLV of 1860), Ss. 392, 395, 412 & 411---Qanun-e-Shahadat (10 of 1984), Art. 22---Robbery, dacoity, dishonestly receiving stolen property---Bail, grant of---Delayed FIR---Nomination of accused through supplementary statement--- Test identification parade---Scope---Prosecution case was that four accused persons committed robbed cash amount, mobile phone, motorcycle and other documents from the complainant---FIR was lodged with a considerable delay---Accused was nominated in the case through supplementary statement made on the same day when the FIR was lodged without disclosing the source of information---Identification parade of the accused was conducted after his nomination through supplementary statement---Nomination of accused prior to identification parade had diminished the sanctity of such test identification parade---Registration of few other cases against the accused, without conviction, did not disentitle the accused from the concession of bail if his case otherwise fell within the ambit of further inquiry---Investigation of the case was complete and his person was not required to the police for the investigation---Petition for grant of bail was allowed, in circumstances.

(b) Criminal Procedure Code (V of 1898)---

--S. 497--- Bail--- Supplementary statement---Scope---Where accused is not nominated in FIR rather nominated through supplementary statement without disclosing the source of information, it becomes a matter of further inquiry.