2009 PLP 605 (MLD)

GHULAM DASTAGIR A. SHAHANI, J.

Bail application is submitted on behalf of applicant/accused namely Kamran @ Kami son of Mir Ghulam Samdani in crime No.57 of 2008 registered under sections 365/392/506, P.P.C. at Police Station, Artillery Maidan, Karachi. Brief facts of the case are that complainant Muhammad Azeem son of Muhammad Abdullah Khuwaja resident of Iqbal Arcade patail para Karachi Garden East lodged report with police station Artillery Maidan that he is running his own business of goods transport under the name and style of Friends Cargo Service and at Hacksbay road, on 23-3-2008 he was in his own Blue Suzuki Alto Blue car bearing registration No.APT-030 Model 2007, going towards the cantt station to pick his relative, the train was late and he was expecting to arrive at morning, then he was going back home, when he stopped the car before Daud Pota Road near Blue Line Coach Stand to purchase cigarettes and after that at about 23.30 hours the moment he open the door of car somebody with solid thing hit on his head due to which blood started oozing out of his head when he turned back he saw one young man along with girl having pistols in their hands were standing behind him and their partner was standing on motorcycle Kawasaki GT 100 with its ignition on. Main who hit him with the butt of pistol pushed him on the driving seat of his car and he sat behind him and girl sat on front seat with him and asked to drive car. He drove car towards Saddar during this period, man on gun point snatched two mobile phones, one Nokia N-70 & second Samsung E-200, Rs.8000 and one music player from him. Third one reached them on his motorcycle near Lucky Star they directed him to stop car ring his family members to bring Rs.2,00,000 then he ,will be freed. He replied them that he is the only adult member in the family and there is nobody else in the family who can bring the money. On that boy and girl directed him to go to the sea view, he drove the car in injured condition to sea view during this time third one departed. At, the sea side boy and girl taking the key of his car and got down from the car the boy put his pistol on his chest and pulled the trigger but fire was missed. He took the opportunity and hit the door of his car with full force of his leg, due to which boy fell down at some distance from the car and ran in order to save his life and kept on shouting choor choor, the boy and girl sat in his car ran away. There were some boys, he borrowed their mobile called on 15 police help line, Mobile of P.S. Darukshan reached on the spot police told him to sit in their mobile and they will search for the culprits, but in vain. He called his brother Khuwaja Bellal at Police Station. However on return he saw his car was parked at the same place from where the boy and girl sat in his car with its door open and the key in the ignition switch and the mobile of P.S. Frere was parked near by his car. The police of Frere took them to police station and handed over the car to him. He went back to Artillery Maidan and got the wireless massage cancelled regarding its snatching, he submitted an application to the police station that he can recognize on seeing them. Few days later he received threatening call, who disclosed his name as Kamran @ Kami and other disclosed his name as Ahmed @ Kala, they threatened him to give them money otherwise they will kill him. Therefore he submits report for protection of his life and property and for taking action against above named persons who kidnapped him for ransom, mobile, money snatching, extending threat of life and property. Learned counsel for the applicant/ accused states that applicant is innocent and has been falsely implicated by the complainant and police, with mala fide intention at belated stage by more than one month and not a single robbed article has been recovered and is unseen incident. He further states that applicant is not involved in any other case and offence does not fall under the provision of prohibitory clause of section 497, Cr.P.C. and co-accused Mst. Shahida is already on bail, therefore applicant is also entitled for concession of bail. Ms. Fatima Jameela Jatoi learned State Counsel has no objection to the grant of bail. Heard Mr. Ahmed Khan Bugti learned counsel appearing for the applicant/accused, as well as to the learned State counsel and with their assistance perused the material available on record. As per record incident was taken place on 23-3-2008, whereas F.I.R. registered on 24-4-2008, without any explanation and was not arrested on spot, whereas his arrest has been shown on 15-5-2008 in a crime No.170/2008 at Police Station Zaman Town offence 13-D of Arms Ordinance and recovery of one mobile set and music player alleged to have been recovered on 19-5-2008, whereas identification parade was arranged on 23-5-2008, but one Ghulam Nabi who was shown by the police as an eye-witness of the case did not appear before the Court for identification parade. Police record is also silent and nothing is on record, whether complainant appeared and examined by the Dr. in respect of alleged injury sustained by the complainant on his hand. Prima facie no one is the witness of the incident, except this that when complainant was returning with his brother he saw his motor car parked at the same place from where he was kidnapped by the culprits, all witnesses are police personnel except one Ghulam Nabi who according to prosecution not appeared in the court for the purpose of identification. Even rule of lesser punishment cannot be over-ruled. However, tentative assessment is to be made and no deeper appreciation is required at bail stage. Looking to aforesaid facts and circumstances applicant/accused was admitted on bail on 20-10-2008, subject to furnishing surety in the sum of Rs.1,00,000 and P.R. bond in the like amount to the satisfaction of the trial court. These are reasons for a short order dated 20-10-2008. H.B.T./K-10/K Bail granted.