2001 YLR21640 (PLP)

Shahadat Awan for Applicant. Miss Rana Khan for the State. Date of hearing: 12th April, 2001. Applicant Pervaiz Akhtar is seeking bail in Crime No.146 of 2000 under sections 392, 397, 411 and 400 P.P.C. registered with Police Station, Aziz Bhatti. The applicant has also filed Bail Application before the VI Additional Sessions Judge, Karachi, East but without success. According to contents of F.I.R. the complainant got his case registered with Police Station Aziz Bhatti, by alleging therein that he came to his office at 10-30 a.m. and parked his Car No.ABC-1 12, Toyota Corolla and after completing his office work when he was opening the door 'of his car then 2 persons came armed with pistols and pushed him by asking to sit on the rear seat of the car and threatened him to remain silent and moved by driving his car. It is further alleged that when they reached near Gulistan-e-Johar Chowrangi they pushed him out from the car by taking his valet containing Rs.15,000 and fled away. Police thereafter took up investigation and challaned the accused on 31-7-2000. Mr. Shahadat Awan, learned counsel for applicant has argued that the five accused have been nominated in the Challan, whereas two persons,- namely, Yasin Gujar and Adeel have been alleged to have snatched away the car of the complainant which is borne put from the challan. According to him, there is recovery of computer from the possession of co-accused Yasin and there is no recovery from the possession of the present applicant. According to Mr. Shahadat Awan. learned counsel for applicant, the present applicant has been arrested on 13-7-2000 while sitting in car and at the most section 411, P.P.C. is applicable on the applicant which is not being covered by the provisions of Prohibitory Clause of section 497, Cr.P.C. He has further contended that the present applicant has been granted bail under section 13-D of the Arms Ordinance in Case No. 112 of 2000 by the VII-Additional Judicial Magistrate and the certified copy of bail order has also been filed by the learned counsel for applicant. He has argued that no identification parade of accused persons who are involved in the case, has been held by any competent Magistrate. Lastly, he has prayed for grant of bail to the applicant. Miss Rana Khan, learned State counsel submits that admittedly, the offence under section 411, P.P.C. can be attracted on the present applicant; moreover, he has been identified by the complainant at the police station, which has got no sanctity and therefore, she has very frankly recorded her no objection to the grant of bail. I have heard the learned counsel for parties and have given my anxious consideration to the material available on record. Admittedly, the challan has been submitted on 31-7-2000 wherein these accused have been nominated and out of the above named Yasin and Adeel have been assigned specific role that they were persons, who snatched away the car from the complainant and admittedly the recovery of computer has been effected from the possession of co-accused Yasin; admittedly, the present applicant has been arrested on 13-7-2000 in a car and section 411 was applied by the. police in the challan, which is not falling within the Prohibitory Clause of section 497, Cr.P.C.; besides the above, the present applicant has been granted bail under section 13-D of the Arms Ordinance by the trial Court. I am, therefore, of the considered view that at the moment, the present applicant has been able to make out a prima facie case for grant of bail, particularly, in view of the no objection given by learned State Counsel, the present applicant is granted to bail in the sum of Rs.1,00,000 (Rupees one lac) and P.R. Bond in the like amount to the satisfaction of the trial Court. H.B.T./P-30/K Bail granted.