2001 PLP 267 (YLR)

S. Hasan Ali for Applicant. Sharafat Ali Khan for the Asstt A.‑G. for the State. Applicant Fazal Akhtar is seeking bail in Crime No. 16 of 1999 under sections 392, 397, 364 and 34, P.P.C. registered with Police Station Orangi Town. The applicant has also filed Bail Application before the IInd Additional Sessions Judge, Karachi, West but without success. Brief facts of the case are that on 18‑1‑1999 complainant Zohaib Hussain alongwith Saleman Ghulam Mohiuddin was supplying the products of Philips Company at the shops on Suzuki pick‑up No.KB‑4036. It was about 2.00 p.m. when Saleman Ghulam Mohiuddin supplied the products to Zahoor Electric Store, Section 6/E, Orangi Town on Bilal Mosque Road. Complainant and Saleman Ghulam Mohiuddin sit on their seats in Suzuki pick‑up. In the meantime 3 persons armed with pistols came there. One of them put the pistol at the temple of the complainant and got him down from the driving seat and occupied the seat himself. Remaining two persons sat in the pick‑up and they drove away the pickup alongwith salesman Ghulam Mohiuddin and their products. Complainant being driver of the pick‑up informed his distributor Haji Muhammad Rafique. Mr. S. Hasan Ali, learned counsel for the applicant submits that the present applicant was arrested on 18‑1‑1999 and since then he is behind the bars; there is no fault at his door with regard to the delay in the conclusion of the trial; in support of his contention, he has relied on PLD 1995 SC 49; he submits that since two years have been elapsed and the applicant is entitled to the concession of Bail on the ground of statutory delay. Mr. Sharafat Ali Khan, learned State Counsel has opposed the grant of bail to the applicant with contention that the present accused has been arrested on the same day alongwith car pick‑up and the product of Philips: kidnapped Saleman Ghulam Mohiuddin and his act becomes terrorist act. He has placed reliance on 1999 SCMR 131. wherein the Hon'ble Supreme Court has held: "S. 497(1) third and fourth provisos‑‑‑Bail of the ground of statutory delay‑‑‑High Court being not oblivious of the high incidence of cases of car‑snatching in the city, had rightly invoked the fourth proviso to S.497(1), Cr.P.C. while rejecting the Bail Application of accused‑‑‑Leave to Appeal was refused to accused accordingly." In the instant case the act of the present applicant is that he has kidnapped Ghulam Mohiuddin and has been arrested on the same day; the Car alongwith the products of Philips Company have been recovered from his possession; on the face of it, his act becomes very dangerous. I am fortified by the Authority of Supreme Court as discussed supra and accordingly the present applicant, at the moment, is not entitled to the concession of bail even on the ground of statutory delay and accordingly his bail application is dismissed. The trial Court is directed td make endeavours to complete the trial within one month from the date of receipt of this Order. H.B.T./F‑24/K Application dismissed.