ORDER SHEET
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ORDER WITH SIGNATURE OF JUDGE
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For hearing.
7.11.2006.
Mr. Ch. Muhammad Yaseen for applicant.
Mr. Agha Zafir Ali A.A.G. for State.
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Applicant Muhammad Usman has resorted to file application under Section 498 Cr.P.C in Crime No. 6/2006 under Section 455/393/512 PPC registered at police station Jamshed Quarters. His bail plea was rejected by IVth Additional Sessions Judge Karachi East therefore, he has resorted to file the present bail application.
Precisely the facts leading to the case are that the complainant Sakhawat Moin resident of Old Lalu Khait Jehangir West Jehangir Road, No. 2, Karachi has lodged report that on 11.1.2006 he was present in his house along with his family at the time of Fajar prayer two of the assailants to whom he could identify entered into the house upon the main gate one of the assailants came inside where other were standing on the gate and on the show of force they had trapped cash, golden ornaments and mobile phones and all the culprits after looting the household articles managed to escaped form the place of the incident.
Mr. Choudhry Muhammad Yasin has contended that the applicant was already in the police custody on 14.5.2006 in Crime No. 145/2006 subsequent thereof he was involved in the commission of the person case and upon arrest of the applicant in the present case no incriminating article was secured either on the pointation of the applicant or from his possession nor he was put to identification parade as the complainant has pointed out in the first information report that he could identify the culprits.
Mr. Agha Zafir Ali learned Assistant Advocate General has contended that the impugned order specifies that the applicant was not put to identification parade nor any recovery was effected on his pointation yet there remains evidence of extra judicial confession by the applicant before police therefore he does not deserves to be admitted on bail.
I have consider the arguments advanced at bar. There is no cavil to the fact that the judicial confession before police is not admissible under Qanoon-e-Shahadat Order 1984, it is also borne out from the record that the applicant was not put to identification parade and was already in police custody on 14.5.2006 in connection with FIR No. 145/2006. Thus the case against the applicant requires further inquiry as contemplated under subsection 2 of Section 497 Cr.P.C.
In the light of the above discussion, the applicant is admitted on bail subject to furnishing surety in the sum of Rs. 50,000/- (Rupees fifty thousand only) and P.R. bond in the like amount to the satisfaction of the Nazir of this Court.
J U D G E