What is Section 392 in Pakistan? Case law with bail confirmation ,APNA QANOON

SEC 392 PPC IN PAKISTAN

Section 392 of Pakistan Penal Code (PPC)

Section 392 of the Pakistan Penal Code (PPC) deals with the offense of robbery. It defines robbery as using force or threat of force in order to steal property belonging to another person. The punishment for robbery under Section 392 is imprisonment for a term which may extend to ten years and shall not be less than three years, and shall also be liable to fine.

Here are some specific elements of Section 392:

  • Taking property: The accused must have taken property belonging to another person.
  • Force or threat of force: The accused must have used force or threat of force to take the property.
  • Dishonest intention: The accused must have taken the property with the intention of permanently depriving the owner of it.

Case Law with Bail Confirmation

While bail confirmation under Section 392 depends on the specific circumstances of each case, here are some examples of cases where bail was confirmed:

Cr. Bail Application No. S- 18 of 2022: In this case, the High Court of Sindh confirmed the pre-arrest bail granted to the accused, noting that there was no evidence linking him to the robbery and that the delay in investigation was unreasonable.

Criminal Bail Application No. 1773 of 2016: In this case, the High Court of Sindh confirmed the post-arrest bail granted to the accused, finding that their confession was inadmissible and that the identification parade was not conducted properly.

PW-1 EX – CASELAW: In this case, the High Court of Sindh granted bail to the accused on the grounds that he had been in custody for more than 15 months and that the prosecution had failed to complete the trial within a reasonable time.

Important Points to Consider

  • Nature of the offense: The severity of the robbery and the value of the stolen property will be taken into account when considering bail.
  • Circumstances of the case: The court will consider all the facts and circumstances of the case, including the strength of the prosecution’s case and the likelihood of the accused absconding.
  • Character of the accused: The court may consider the accused’s criminal history and character when deciding whether to grant bail.

It is important to note that these are just a few examples and that each case is decided on its own merits. If you are facing charges under Section 392, it is important to consult with a lawyer to discuss your specific case and the possibility of bail.

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