2004 P Cr (PLP)

By this order I propose to dispose of Criminal Bail No. 1102 of 2003 filed on behalf of the applicant Asif in a case bearing F.I.R. No.438 of 2002 registered with Police Station Korangi for offences under section 392/34, P.P.C. The bail plea of the applicant was declined by the learned IIIrd Addl. Sessions Judge, Karachi East vide order dated 10-3-2003. The prosecution story as unfolded in the F.I.R. is that complainant Rao Riaz Muhammad set the law into motion by lodging the F.I.R. on 24-10-2002 at Police Station Korangi alleging therein that on the same day three persons entered into his house armed with dagger and pistol and after overpowering him and his family members, roped their hands, made hostage to his grandson and daughter and told them to hand over the money and other golden ornaments to them for saving their children's lives. The snatched golden ornaments; silver ornaments, cash on the point of deadly weapons and ran away. However, during the investigation the abovenamed accused were arrested. The investigation followed and in due course the applicant was sent up to stand trial in the Court of law. I have heard learned counsel for the applicant and the learned counsel for the State. It has been contended by the learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the above-noted case by the police on the instigation of the complainant. It has, further been contended that the incident took place and F.I.R. was registered on 24-10-2002 and the applicant was arrested on 2-11-2002 yet identification test was held after about 22 days. It has, also been contended that neither the name -of the applicant is mentioned in the F.I. R. nor any recovery was effected from the applicant. He has relied upon the cases of Dr. Behram Khan v. Naseer Ahmed alias Bacha Khan PLD 1986 Quetta 72, Gulzar and 4 others v. The State 1987 MLD 1830 and Tariq Bashir and 5 others v. The State PLD 1995 SC 34 and Tahir Abbas v. The State 2003 SCMR 426 in support of his contentions. On the other hand, learned counsel appearing on behalf of the State has opposed to the grant of bail on the grounds that the punishment of the offence with which the applicant has been charged goes upto 10 years. I have gone through the record and considered the arguments, advanced by the learned counsel for the applicant as well-learned counsel appearing on behalf of the State. The incident took place and F.I.R. was registered on 24-10-2002 and the applicant was arrested on 2-11-2002 but the identification test was held after about 22 days. Perusal of the contents of the F.I.R. reveals that name of the applicant is not mentioned. In the circumstances, I am of the considered view that applicant, Asif, has been able to make out his case for bail which is granted to him subject to his furnishing surety in the sum of Rs.1,00,000 and PR bond in the like amount to the satisfaction of the trial Court. With this observation Cr. Bail Application No. 1102 of 2003 stands disposed of. H.B.T./A-64/K Bail granted.