P L D 2004 Karachi 33 (PLP)

Shahadat Awan for Applicant. Javed Akhtar for the State. The applicant Salman Shahzad seeks bail in a case under section 17(3) of the Offences Against Property Ordinance, 1979 (F.I.R. No.154 of 2001 of the Police Station Gulshan-e-Iqbal, Karachi), pending trial before the Court of learned IV Additional Sessions Judge, Karachi East. Brief facts of the prosecution case as mentioned in the bail application are that. "I reside at the above given address alongwith my family and am employed with Service Shoes Store as a Manager. On 3-2-2001, I alongwith Saleem Hussain, Muhammad Ejaz, Waqar Ali and Security Guard Muhammad Javed were present while at about 8-15 p.m. three persons two of them armed with T.T. Pistols, between the age group of 29 to 30 years, speaking in Urdu, entered into the shop and as soon as they entered, two of them overpowered guard Javed and snatched his .30 bore licensed pistol bearing No.3954 and made us standing aside and took cash Rs.3,200 out of the counter of shop and fled away. I and my companions can recognize them on seeking again. We have been making search so far by ourselves but no clue was found. Now, I have come to report, action be taken". It was contended on behalf of the applicant that the applicant was already in the custody of police, when the case against him was registered on 17-2-2001 as F.I.R. No.154 of 2001 at Police Station Gulshan-e-Iqbal, Karachi. That the applicant has been granted bail in the earlier case under sections 399/402, P.P.C. (F.I.R. No.28 of 2001, Police Station Mobina Town, Karachi). It was next argued that the applicant was taken to the Magistrate's Court for a number of times for obtaining his remand order. That the identification test parade was held after more than a week and that the same cannot be stamped as authentic in the above circumstances. Reliance was placed upon 1999 PCr.LJ 412, 1987 MLD 1003 and 1987 P Cr.L J 2423. Mr. Javed Akhtar, learned counsel appearing for the State, however, opposed the bail plea on the ground that the applicant was picked up in the identification test parade and a pistol was recovered from him. The fact that the applicant was produced on 19-2-2001 and again on 22-2-2001 has not been denied. Admittedly, the applicant remained in police custody for the whole period of one week. There is no explanation A for not taking him to the Magistrate for the purpose of holding of an identification test. The applicant has remained in custody for about 4 months. In view of the above circumstances, the case of the applicant appears to be covered by subsection (2) of section 497, Cr.P.C. Bail is, therefore, granted to the applicant subject to his A furnishing a solvent surety in the sum of Rs.1,00,000 (Rupees one lac only) and P.R. Bond in the like amount to the satisfaction of the trial Court. Bail was granted to the applicant by short order dated 6-6-2001 and these are the reasons for the same. H.B.T./S-341/K Bail granted.