1994 P Cr (PLP)

The applicants have been arrested in connection with Crime No.146/93 under section 17(3) of Offence Against Property (Enforcement of Hudood) Ordinance, 1979 read with section 109/412, P.P.C. registered at Police Station Ferozabad on the complaint of one Mst. Robina. An application for bail had been moved on behalf of the applicants before the trial Court but the same was dismissed by the VIIth Additional Sessions Judge, Karachi (East) vide her order, dated 6-12-1993. Learned counsel for the applicant has submitted that names of the applicants do not appear in the F.I.R. He also submitted that, in fact, there is no iota of evidence against the applicants and the applicants have falsely been involved in this case at the instance of the complainant who is inimical to the applicants on account of some family dispute. It is further contended that applicants are respectable persons and they cannot commit such a heinous offence as one of the applicants is a graduate from Ohio University, U.S.A. Mr. Fareed Ahmed Dayo, learned State counsel also admits that in the police papers there is absolutely no evidence to connect the applicants with the commission of the alleged offence. Their names do not appear in the F.I.R. There is no statement of any witness in the police record to show that applicants are involved in this case as according to Mr. Khawaja Naveed Ahmed only thing which appears from the police record is that house of the complainant had been shown by the applicants to the dacoits for committing dacoity. As to the recovery of one computer, learned counsel for the applicants submits that applicants had imported the same in 1992 for which they have customs payment receipts. According to him, there is no allegation in the F.I.R. that any computer had been taken away from the house of the complainant. As to the recovery of some cash amount which has been withdrawn by the police from the bank accounts of the applicant Tariq, it cannot connect the applicants with the commission of alleged crime directly as it is not established that this is not the same amount which had been taken away by the dacoits from the house of the complainant. Learned counsel for the applicants has further submitted that the complainant had moved a writ petition before this Court in which she had prayed for direction for arrest of Capt. Nadeem and Jan Muhammad alias Janni Bhatti as they were the culprits who had robbed his house and taken away the articles. It is further contended that in that writ petition the complainant has not made any allegation against the applicants regarding the alleged offence. According to the learned counsel, there are two sets of accused persons as stated by the complainant and this fact alone shows that this is a matter of further enquiry. Mr. Fareed-Ahmad Dayo, learned Stated counsel also concedes to the prayer of the applicants for bail on the above grounds. For the foregoing reasons, I consider it a fit case for grant of bail. Accordingly I grant bail to the applicants on their furnishing solvent surety in the sum of Rs.50,000 each and P.R. Bond in the like amount each to the satisfaction of the Nazir of this Court. N.H.Q./T-164/K Bail granted.