186/2019 Cr.Bail RUSTAM KHAN S/O AAMIR KHAN (Applicant) V/S THE STATE (Respondent)

Sindh High Court2019

Bench: Hon'ble Mr. Justice Nazar Akbar(Author)

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186/2019 Cr.Bail RUSTAM KHAN S/O AAMIR KHAN (Applicant) V/S THE STATE (Respondent) Sindh High Court Bench: Hon'ble Mr. Justice Nazar Akbar(Author) Order Date: 14-MAR-19 Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 392 & 34---Robbery, common intention---Bail, grant of---Non-association of independent witnesses---Completion of investigation---Effect---Accused was alleged to have committed robbery along with another person---Incident had taken place on 04-10-2018 and the accused was arrested on 27-10-2018---No specific role was attributed to the accused---Name of the accused was not mentioned in the FIR---No independent eye-witness was joined in the memo of arrest and recovery---Accused was not a previous convict nor a hardened criminal---Accused was not required for further investigation; therefore, no useful purpose would be served by keeping him behind the bars for indefinite period---Contents of memo of arrest and search revealed that SHO (Station House Officer) was informed by special informer that accused persons were distributing the looted money, the SHO arrested them and recovered almost half of the looted money---Contents of the memo were enough to acquit the accused, however, only bail was granted---Accused was admitted to post arrest bail, in circumstances. [Paras. 6 & 7 of the judgment]
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