1995 P Cr (PLP)

Farman A. Hashmi for Applicant. M. Sarwar Khan, AA.-G. for the State. Applicant Muhammad Mehmood involved in Crime No.461/93 under section 17(3), Offences Against Property (E.O.H.) Ordinance, 1979 has approached this Court for bail after a similar application moved on his behalf is rejected by the Sessions Judge, Karachi Central on 10-10-1993. Complainant Abdul Jabbar stated that while he was working at his lathe machine shop, he was informed on telephone that some robbery was committed at his house. He came to his house and was informed by Mst. Abida Jabbar that the four 'young persons had entered the house and had robbed gold ornaments, V.C.R. and other articles from the house including cash of Rs.40,

000. She also informed the complainant that four culprits after committing robbery left in a taxi parked outside the house. Applicant was arrested on 17-9-1993 and it is alleged that some of the robbed ornaments were recovered from his house at his pointing. I have heard the learned counsel for applicant and A.A:-G The latter has not opposed this application. It is contended by the applicant's learned Advocate that the ornaments recovered from the house of the applicant are claimed by him, that after his arrest no identification test through complainant was held, that the recovery is delayed by about six days and there is no direct evidence to connect him with the offence. The learned A.A.-G. who does not oppose the bail application has further stated that accused Muhammad Ali, Muhammad Saleem, Syed Shabbir and Muhammad Rafique who are also involved in this case were put to identification test after their arrest and except Muhammad Ali the remaining three accused were correctly picked out. The perusal of the F.I.R. shows that four culprits had entered the house of complainant and committed robbery. These four accused perhaps are the same who were put to identification test after their arrest. If the applicant was the driver of the taxi and waiting outside, his description or features could not be given. If he was" one of the culprits who entered the house, his identification thr6ugh complainant was necessary. The delayed recovery at the pointing of applicant also casts doubt. In the circumstances, in my view applicants' case requires further enquiry and I am inclined to grant him bail. Applicant Muhammad Mehmood shall 'be released on bail furnishing one surety in the sum of Rs.50,000 and P.R. 'bond in the like amount to the satisfaction of the learned trial Court. N.H.Q./M-2056/K Bail granted.