-Bail, grant of--Nominated in FIR--Committed robbery of motorcycle--

 PLJ 2022 Cr.C. 592

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

----S. 497--Pakistan Penal Code, (XLV of 1860), S. 392--Bail, grant of--Nominated in FIR--Committed robbery of motorcycle--Further inquiry--During investigation of this case, stance of petitioner remained that he has been implicated due to previous grudge of family of complainant though same has not been investigated--Per crime report, complainant was tortured at time of occurrence but no medico-legal examination certificate is available on record to substantiate same part of prosecution story--During extensive physical remand of 11 days, nothing allegedly snatched could be recovered at instance of petitioner--The facts mentioned supra make this case one of further inquiry into petitioner's guilt entitling him to grant of post arrest bail--Bail allowed.      [P. 593] A

Mr. Muhammad Faisal Bashir Chaudhary, Advocate for Petitioner.

Syed Nadeem Haider Rizvi, learned Deputy District Public Prosecutor for State.

Complainant in person.

Date of hearing: 4.1.2022.

 PLJ 2022 Cr.C. 592
[Lahore High Court, Multan Bench]
Present: Syed Shahbaz Ali Rizvi, J.
JAMSHED alias JIMMI--Petitioner
versus
STATE etc.--Respondents
Crl. Misc. No. 9221-B of 2021, decided 4.1.2022.

Order

The petitioner Jamshed alias Jimmi through this bail application has come up to this Court seeking his release on post arrest bail in connection with case F.I.R No. 692 of 2021 dated 10.11.2021, registered for offence under section 392 PPC at police station Kot Chutta District D.G. Khan.

2. The allegation against the petitioner is that he alongwith his co-accused persons while armed with their respective weapons committed robbery of motorcycle, mobile phone, cash of Rs. 5,000/- etc. from complainant.

3. The complainant present in the Court expresses his satisfaction if the case is agued by the learned Prosecutor on his behalf.

4. Heard. Perused.

5. Though the petitioner is nominated in the crime report yet the fact also remains that witness Sajjad Hussain brother of the complainant, got lodged F.I.R No. 426 of 2020 dated 15.12.2020 for offence under Section 324, 148 and 149, PPC at police station Chotti, District D.G. Khan in which petitioner remained accused and pre-arrest bail filed by the petitioner in the aforesaid case was withdrawn by him on 28,01.2021, having been found innocent by the police. During investigation of this case, stance of the petitioner remained that he has been implicated due to previous grudge of the family of the complainant though the same has not been investigated. Per crime report, the complainant was tortured at the time of occurrence but no medico-legal examination certificate is available on record to substantiate the same part of prosecution story. During extensive physical remand of 11 days, nothing allegedly snatched could be recovered at the instance of the petitioner. The facts mentioned supra make this case one of further inquiry into petitioner's guilt entitling him to the grant of post arrest bail. Hence, this petition is allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs. 5,00,000/- (five lacs) with two sureties each in the like amount to the satisfaction of learned trial Court.

(R.A.)  Bail allowed