2010 PLP 50 (MLD)

KHALID ALI Z. QAZI, J.

Kamran Masih son of Nazir Masih presently confined in District Jail Malir Karachi seeks bail in Crime No.208 of 2007 under sections 392 and 34, P.P.C. Police Station Shah Latif Town, Karachi.

2. Brief facts of the prosecution case as narrated in the F.I.R. are that complainant Gulab Khan lodged at Police Station Shah Latif Townon 3-7-2007 stating therein that on 3-7-2007 at 1245 hours, after taking an amount of Rs.2,20,000 from Bank, he was going in his Car No.AAP-633 towards Yousuf Arfani Goth, at National Highway, when he reached near Afzal Motors, a HI-Roof No.CR-6202 of white colour to which four persons were sitting came; from behind side and stopped in front of his car, three young boys have pistols in their hands came to him while 4th accused remained sat at driving seat. After talking, one man pointed out pistol at his temple and drawn amount from the fold of his shalwar, two accused were white colour and one was small height. The driver also taken Rs.20,000 and mobile phones Samsung and fled away towards Karachi.

3. I have heard Mr. Khawaja Muhammad Azeem learned counsel for the applicant and Mr. Zafar Ahmed Khan learned Additional Prosecutor General, Sindh and perused the case record with the able assistance of the learned counsel for the parties.

4. Learned counsel for the applicant submits that P.W. 1 Muhammad Gulab, Khan complainant examined in Court at Exh.3 and deposed that on 7-7-2007 the Investigating Officer came at my godown at about 20-00 p.m. and took me towards main road I saw they were searching the people, at that time one phone came, and after receiving the phone, took me to Sector 16 Shah Latif Town, I saw that three persons were coming towards on motor-cycle. Police told to stop them, they tried to run but police apprehended them. When I saw them, it told the police that they were the same culprits who have snatched the money and other things from me on the gunpoint. He further submits that during cross-examination the said witness admitted that three accused persons have came to commit dacoity. He further submits that present applicant is not included in these three persons. Learned Additional Prosecutor-General, Sindh conceded the above position. He further submits that there is no incrementing article shown recovered either from the possession and/or pointation of the applicant and in this view of the matter the very involvement of the applicant and also the arrest of applicant/accused persons in a manner in which it is shown in fact is not free from reasonable doubt. The co-accused Naveed Masih was granted bail by the learned trial Court vide order, dated 19-11-2007.

5. Mr. Zafar Ahmed Khan, learned Additional Prosecutor-General, Sindh vehemently opposed the grant of bail to applicant on the ground that the complainant has fully implicated the accused/applicant in his evidence. He conceded that no identification parade was held before the Judicial Magistrate.

6. After hearing the arguments and perusing the record of the case I. find that the name of the applicant is not transpired in the F.I.R. and no specific role has been assigned to the present applicant. From the perusal of Exh.3, it reveals that complainant has not implicated the accused/applicant and clearly deposed that there were three accused persons who have come to commit dacoity. Under the circumstances, prima facie, I find that there is no material available with the prosecution at the moment to connect the accused with the commission of alleged offence and the case of the applicant falls under the category of further inquiry under section 497(2), Cr.P.C.

7. In view of the above circumstances, the applicant is admitted on bail subject to furnishing solvent surety in the sum of Rs.50,000 (Rupees Fifty Thousand only) with P.R. bond in the like amount to the satisfaction of the learned Trial Court. H.B.T./K-33/K Bail granted.