2019 PLP 47 (YLRN)

ABDUL MAALIK GADDI, J.

By this common order, I indent to dispose of above two bail applications as they arise out of same incident but in Crime No.171/2018, under sections 392/397/34, P.P.C. and Crime No.173/2018, under section 23(1)-A S.A.A. 2013, registered at Police Station Saeedabad, Karachi. Through these bail applications the Applicant/accused is seeking post arrest bail in the said crimes. The Applicant/ accused has approached this Court after the dismissal of his bail applications for post arrest by the learned Additional Sessions Judge-IV, Karachi West, vide his order dated 02.06.2018.

2. The brief facts of the prosecution case are that on 07.05.2018 at about 0815 hours, Complainant namely Muhammad Asif has lodged FIR, alleging therein that on same date at about 0700 hours, he while riding on his Motorcycle was going to naval colony and reached at Dawood Chhaw'nie Hospital where another Motorcycle having three riders came from his back side and stopped him. Two boys got down from Motorcycle and pointed their Pistols upon him. They snatched cash Rs.3500/- from his pocket and other belongings and attempted to escape but in the meanwhile the police mobile of P.S. Saeedabad also reached there and police apprehended two of culprits while their third companion succeeded in escape. Apprehended accused disclosed their names as Adnan (present applicant) and Muhammad Yaqoob. Police also secured unlicensed Pistols from both accused and robbed articles from accused Yaqoob. Both accused were brought at PS and such FIRs were lodged against them.

3. Learned counsel appearing on behalf of the Applicant/accused argued that the cases against the Applicant/ accused are false and have been registered due to enmity. He further submits that this Applicant/accused was picked up by law enforcing agency from his house on 01.05.2018 and in this regard his father Jannat Gul has made application to the SHO P.S. KIA, but SHO of said Police Station has not responded the application, but subsequently through these FIRs the Applicant/accused has been involved in these cases; That nothing was recovered from Applicant/accused; That Applicant/ accused has not been convicted in such like cases in past and there is no criminal record against him; That the Applicant/ accused is a disable person, his leg was broken due to accident in the year 2016, therefore, he could not move without walker, but the learned trial Court while dismissing the bail applications of the Applicant has not considered all these aspects of the case, therefore, according to him in view of the grounds as agitated by the Applicant in bail applications this Applicant/accused is entitled for grant of bail in both cases.

4. As against this learned DPG has opposed these bail applications and contended that accused was caught hold red handed in presence of several independent persons of the vicinity and unlicensed Pistol and stolen Motorcycle was also recovered from him. He further contended that it is immaterial that no robbed article was recovered from accused, when complainant has clearly explained in his FIR that robbed articles were recovered from the pocket of co-accused Yaqoob who was also arrested at spot. He further submitted that enhanced trend of such like incident in the city is alarming for innocent peoples and so many of them have not only been deprived of their valuables but some of them have also been killed and injured by these robbers roaming scot-free in the city.

5. I have given my anxious thoughts to the contentions raised at the Bar and have gone through the case papers so made available before me.

6. It appears from the record that alleged incident took place on 07.05.2018 at about 0700 hours, whereas the FIRs have been lodged by the Complainants on the same date without any inordinate delay. Delay if any in lodging of FIRs have also been satisfactory explained. Applicant/Accused is nominated in FIRs with specific allegation that this Applicant/accused was available on the spot along with other accused and facilitated them to commit offence which on perusal of case papers appears to serious and heinous in nature. Nothing on record that Complainants have any enmity with this Applicant/accused. This Applicant/accused has been arrested on spot and one TT Pistol of .30 bore without license along with three live bullets were recovered from him in presence of mashirs who have no inimical terms with Applicant/accused, prima-facie shows his involvement in this case. As per police papers the allegation against the Applicant/accused is that he is involved in looting the money from innocent peoples by the dint of weapon. There is sufficient documentary and circumstantial evidence on record to connect the Applicant/ accused in these cases. It is truth that enhanced trend of such like incident in the city have made the life of innocent peoples horrible and painful. It is argued by learned counsel for the Applicant/ accused that the cases against Applicant/ accused are false and this Applicant/ accused was picked up by law enforcing agency on 01.05.2018 from his house and involved him malafidely in these cases. This fact has been denied by learned DPG. Be that as it may dispute factual controversy requiring determina-tion through detailed inquiry involving recording of evidence, cannot be resolved at this stage of the case. In view of the above the Applicant/accused has failed to make out a case for grant of bail in his favour, I accordingly dismiss these bail applications with direction to trial Court to proceed the matter expeditiously and decide the same as per law within the period of three months after receipt of this Order. It is made clear that observa-tion if any in this order is tentative in nature and shall not affect the merit of the case. MQ/A-31/Sindh Bail refused.