1994 P Cr (PLP)

MAMOON KAZI, J.

The bail application filed by the applicant before the learned Special Court No.III (Suppression of Terrorist Activities), Karachi was dismissed vide order passed by the learned Special Judge dated 27th May, 1993. The applicant has now filed bail application before this Court.

2. According to the case of the prosecution, F.I.R. was lodged against the applicant on 2-7-1992 by complainant Waheed Akhtar, who used to sell newspapers, alleging that on 15-5-1992 when he was talking to his friends, Iqrar and Nasir at Basharat Park, Jacob Lines, at about 6-30 p.m. one Saaqib and Zafar who were carrying arms arrived there and forcibly took him away in a Suzuki "Carry" motor-car. The complainant was thereafter taken to a torture cell where co-accused Taqi, Naveed, Tasleem and Jawaid Langra were also present. The complainant was told that orders had been given by co-accused Altaf Hussain, Muhajir Qaumi Movement, Dr. Imran Farooq, Saleem Shahzad and Dr. Safdar Baqri to punish those persons who had declined to give donations for the said Movement and since the applicant had violated such instructions he was liable to receive punishment at the hands of the co-accused. Thereafter, according to the allegations, both hands of the complainant were tied and he was beaten with chains.

3. Admittedly the name of the present applicant did not transpire in the F.I.R. where all the other accused involved in the crime were named by the complainant and specific roles were assigned to them. The challan, however, indicates that it was on 28-9-1992 when the applicant was arrested in connection with another crime allegedly committed by him under section 13-D of Arms Ordinance and during his interrogation it transpired that he was also involved in the above crime. Thereafter statements of some more prosecution witnesses were recorded which implicated the applicant in the above crime. The facts enumerated above, clearly indicate that the case against the applicant requires further inquiry. As has been pointed out earlier, the name of the applicant neither transpired in the F.I.R. nor in the statements originally recorded under section 161, Cr.P.C. by the police. The challan filed in the Court itself shows that the statements of the witnesses in which the applicant was shown as co-accused in the case were recorded by the police after the applicant had allegedly admitted to have committed the said offence. No doubt, guilt of the applicant, if any, will be established after the conclusion of the trial but the circumstances of the case clearly indicate that the case requires further inquiry which entitles the applicant to grant of bail. In the result, bail is granted to the applicant in the sum of Rs.1,00,0001 (Rupees one lac) with one surety in the like amount to the satisfaction of the learned Trial Court. N.H.Q./K-343/K Bail granted.