1986 P Cr (PLP)

1984 P Cr. L J 1340 ref. Nawaz A. Jajja for Applicant. This is an application for bail on behalf of. Mirza Saleem Baig in a case registered under section 420/170, P.P.C. Brief facts of the case are that on 27‑‑11‑1984 when complainant Malik Khawas Khan was waiting for Bus alongwith his wife at Ghossia Colony. There came a car without number and stopped near them. It is alleged that two persons were sitting in the car and they told the complainant that they would search as they suspected him to be in possession of Heroin. The inmates of the car have declared themselves from C.I.A. Department and they snatched a wrist watch, Rs.3,000 from complainant, purse and also took away his cap. It is contended by Mr. Nawaz A. Jajja, Advocate that the main accused Ghulam Ali has been granted bail by the learned Sessions Judge and no identification parade was held. He has further argued that the name of the accused does not appear in the F.I.R. and the learned counsel has referred in a case reported in 1984, P Cr. L J 1340. He has submitted that co‑accused has been granted bail by the Sessions Judge. Mr: Hasan Akbar, learned Assistant Advocate‑General has no objection to the grant of bail. Ayaz Khan, S.I.P. of Joharabad Police Station, Joharabad was present in the Court and was assisting the learned Assistant Advocate General. He pointed out that this applicant had given confession before the Magistrate in which he implicated himself for the offence. This fact was not brought to my notice by the learned counsel for the applicant and also learned Assistant Advocate‑General did not point out this piece of evidence. However, learned counsel for the applicant in these circumstances submitted that applicant after his confession was handed over to police, therefore, confession is illegal. He has not produced copy of confession nor mentioned this fact while arguing the application. Any way at this stage there is a confession and applicant has been challaned under section 17(3), Hudood Ordinance. The complainant has not enmity with accused. There is sufficient evidence to make out .a prima facie case. The learned Sessions Judge granted bail to the accused Ghulam Ali on the ground that he is in custody since 7‑3‑1984 and was not put to identification test and he has not been named in the F.I.R. The learned Sessions Judge has also observed in his order that there is no A legal evidence against Ghulam Ali. These observations could have easily been avoided when evidence has not yet been recorded. I am of the view that this is not a fit case for bail. This application is dismissed. S. G. D. Bail declined.