1994 PLP 140 (MLD)

Applicant, who is accused in Crime No.9 of 1993 of P.S. Orangi Extension Karachi registered on 17-1-1993 under section 17(2), Offences Against Property (EOH) Ordinance, has moved this bail application after a similar application moved on his behalf is rejected by the trial Court of Additional Sessions Judge Hudood (West) Karachi on 25-4-1993. The F.I.R. was lodged by one Abdul Manan who stated that on 17-1-1993 at about 2-00 a.m. after closing his medical store, he came to his house in Aziz Nagar. As soon as complainant entered his house, two boys followed him inside, one of whom was later on identified as Muhammad Aamir Qureshi who was armed with a pistol. Complainant was directed to remain quiet and further asked to surrender everything in the house. Complainant raised noise whereafter applicant whose name was, subsequently, disclosed as Tariq Abrar hit on the head of complainant with some hard substance. On hearing the commotion, the neighbour Muhammad Arshad reached who arrested accused Muhammad Aamir while applicant who ran away was followed by `Muhallah' people and overpowered. It is contended by the learned Advocate for the applicant that the facts as narrated do not make out a case under, section 17(2) of Offences Against Property (EOH) Ordinance as the required proof for such offence is not available to ,the prosecution. Learned counsel has referred to the statements of some of the witnesses under section 164 of Cr.P.C., amongst whom are Arshad Kamal, Shamim Akhtar and Ruqaya Khatoon. It is contended that there are material contradictions between the F.I:R. and the statements and even at bail stage tentative sifting of evidence could be made. In support of his contentions learned Advocate has referred to various judgments which according to me are not relevant for purpose of decision in this bail application. Learned counsel appearing for the State has opposed the grant of bail and has argued that applicant was chased by the 'Muhallah' people and arrested outside the house and in such circumstances there could be no false involvement by the police. I have heard the learned counsel and perused the record Applicant and co-accused Muhammad Aamir Qureshi were arrested while attempting to commit haraaba. Such incidents are rampant these days and the culprits have I disturbed the normal living of the people. There are no reasonable grounds to believe that applicant is not guilty of offence with which he is charged. The bail application is accordingly dismissed. N.H.Q./M-1883/K Bail refused.