1989 P Cr (PLP)

Muhammad Aslam Chatha for Petitioners. Ch. Abdul Hameed for the State. ZIA MAHMOOD MIRZA, J.‑‑ This order will also dispose of connected bail petition (Criminal Miscellaneous No. 685/B of 1989)' as the petitioners in both the petitions are facing trial in the same case pending before the Special Court for Speedy Trials No. 2, Lahore.

2. The facts briefly stated are that a case under section 395/397, P.P.C. read with section 17 of the Offences Against Property (Enforcement of Hudood) Ordinance, VI of 1979 was registered at Police Station Nankana Sahib oh 8‑7 1988 at 10‑30 p.m. on a report made by Shaukat Ali complainant that at 6‑00 p.m. on the same day, 5 persons unknown to him came in a car and forcibly snatched a bag containing Rs. 47,000 from the complainant's brother Fazal Elahi by putting them under the threat of injuries and in the process, they also caused injuries to the complainant and his brother with the butts of fire‑arms. Petitioners were arrested on 23‑8‑1988 and Rs. 8,000 each were recovered from them.

3. It is contended by the learned counsel for the petitioners that the police has not collected any evidence worth the name which can reasonably connect the petitioners with the commission of the alleged offence. It is submitted that the petitioners were not named in the F.I.R., which was lodged against unknown A persons and no. Identification parade has been held till today although the petitioners are in the jail for the last seven months. It is further contended that it is not believable that the petitioners would be carrying the money, which they allegedly snatched from the complainant, even a month and a half after the occurrence,\ and in any case, the currency notes said to have been recovered from the petitioners did not have any special marks. The recovery in question is thus of no consequence. In the circumstances, it is contended, that there does not appear to be any reasonable ground for believing that the petitioners are guilty of the offences of which they are accused. Learned counsel for the petitioners states that Sana Ullah, a co‑accused of the petitioners has already been allowed bail by this Court in Criminal Miscellaneous No. 3854/B of 1988 and another co‑accused 13 namely the Special Court has also released Arshad Mahmood on bail for Speedy Trials No.2, on 4‑2‑1989. It is submitted that the petitioner s case is at par with these co‑accused.

4. Learned counsel for the State is not in a position to controvert the submissions made by the learned counsel for the petitioners.

5. Having considered the submissions of the learned counsel for the petitioners, we are of the view that the petitioners are entitled to the grant of bail. These applications are, therefore, allowed and it is directed that the petitioners be released on bail in the sum of Rs. 25,000 (Rupees twenty‑five thousand only) each; with two sureties each in the like amount to the satisfaction of A.C., Nankana Sahib. SA./A‑651/L Bail granted.