2009 PLP 925 (YLR)

GHULAM DASTAGIR A. SHAHANI, J.

Bail application is submitted on behalf of applicant/ accused Muhammad Aslam son of Ismail in Crime No.157/03, P.S Model Colony under section 392/34, P.P.C. Brief facts as alleged in the F.I.R. are that complainant Mir Nawaz Ahmed Shah lodged F.I.R. stating therein that on 12-12-2003 at about 10-00 a.m., when he was present in his house and his elder brother namely Syed Ayaz Ahmed Shah was standing outside the main gate, meanwhile two boys came there, out of whom one was in Khaki trouser and yellow shirt, while other was in a dark gray colour trouser and shirt, they aimed pistol over the complainant's brother and entered in the house, and also aimed pistol upon a family members and demanded whatever they had available in the house be handed over to them. However one boy remained posted as guard, whereas other collected golden ornaments weighing about 11-1/2 tolas and fled away in a Toyota Corolla Car of white colour having registration No. V-0006. Accused was arrested in the above case and bail application was submitted on his behalf before the trial Court but that was rejected vide order dated 12-9-2008 by a Vth Additional Sessions Judge, Karachi (East), Hence this application. Mr. Hashmat Khalid learned counsel, for the applicant/accused states that incident was taken place on 12-12-2003, whereas FIR was registered on 23-12-2003. Co-accused namely Raza Khan has been acquitted vide judgment dated 16-12-2004 by the Vth-Additional Sessions Judge, Karachi East and the case of the present accused was kept on dormant file. However, applicant/accused was arrested on 8-9-2008 and is behind the bars, though he was unaware in respect of present case recorded against him and prior to his arrest he was residing on his permanent address and appeared upto 2-9-2008 in a S.C. No.171/2006 Crime No.88/2005 before the VIth Additional Sessions Judge, Karachi East and cannot be said to be an absconder. As. such applicant/accused is entitled for concession of bail. On the other hand Mr. Fazalur Rehman learned State counsel recorded his no objection for grant of bail to the applicant/accused, on the ground when a person is entitled for pre arrest bail why bail after arrest may not be allowed when co-accused has already been acquitted. Heard Mr. Hashmat Khalid learned counsel for the applicant/accused, as well as to Mr. Fazalur Rehman learned State counsel and with their assistance perused the material available on record. As per record F.I.R. was recorded alleging therein that on 12-12-2003 at about 10-00 a.m., when complainant was available in his house and his brother Syed Ayaz Ahmed Shah was standing outside the main gate of house, two boys entered into the house, one was in Khaki trouser and yellow shirt, while other was in dark gray colour trouser and shirt they aimed pistol upon family members so also on his brother, demanded whatever they had available in the house be handed over to them. One of them collected golden ornaments weighing about 11-1/2 tolas and fled away in a Toyota Corolla Car of white colour having registration No.V-0006. Admittedly incident is dated 12-12-2003 and F.I.R. was registered on 23-12-2003, therefore false involvement of the applicant/accused cannot be ruled out. Co-accused namely Raza Khan has already been acquitted vide judgment dated 16-12-2004 by the Court of Vth Additional Sessions Judge, Karachi East and applicant/accused appeared in a Sessions Case No.171/2006 (Crime No.88/05 of P.S. Model Colony) before VIh Additional Sessions Judge, Karachi East. Later has recorded his no objection for grant of bail and on same set of witnesses case of applicant/accused is to be examined, though co-accused already acquitted by the competent Court of ' law and allegations levelled against applicant/accused are yet to e determined at trial and tentative assessment is to be made and no deeper appreciation is required so far at this stage. As such only on the ground of abscondence bail cannot be refused. Moreover no incriminating has been recovered from the possession or pointation of the applicant/ accused. Learned State counsel also pointed out that co-accused namely Raza Khan, was acquitted from this court who was carrying business for Rent Car the name of present applicant/accused was disclosed by the said accused, the car as alleged used in the commission of crime was also handed over to him under section 516-A, Cr.P.C. Looking to the aforesaid facts and circumstances, I found applicant/accused entitled for grant of concession of bail which was extended by a short order dated 29-9-2008 subject to furnishing a solvent surety in the sum of Rs.100,000 (Rupees one lac) and P.R. bond in the like amount to the satisfaction of the trial court. These are the reasons for the same. A.M.R./M-175/K Bail granted.