1026/2024 Cr.Bail NAQEEBULLAH S/O GUL RAIZ (Applicant) V/S THE STATE (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 12-JUL-24
7. The prosecution has applied in FIR Section 397 PPC. Whereas Section 393 PPC pertains to an attempt to commit robbery which is punishable with RI for a term that shall be extended up to seven years, whereas Section 397 PPC provides the punishment for an attempt to commit robbery or dacoity when armed with deadly weapons for which the accused shall be punished not less than seven years, however, the prosecution was only bothered to invoke Section 397 PPC without corresponding offense. It is well settled that while examining the question of bail, the Court has to consider the minimum aspect of the sentence provided for the alleged offense. It is also the case of the prosecution that the applicant was not arrested on the spot but somewhere else after a couple of months and after his arrest on 4.4.2024, holding of test identification parade was necessary in terms of the judgment of the Supreme Court in the case of Farman Ali v. The State [1997 SCMR 971], which factum is missing in the present case, the reasons best known to the investigation officer, who allegedly narrated that applicant disclosed his identity when he was interrogated at the time of snap checking, if this is the stance of the investigating officer let this aspect be taken care of by the trial Court after examining him. Admittedly, the name of the Applicant is not mentioned in the F.I.R.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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