2006 PLP 2824 (YLR)

QAISER IQBAL, J.

Applicant Muhammad Danish son of Muhammad Yousaf, detained in Crime No. 290 of 2005, under sections 392 and 34, P.P.C., registered at Police Station Taimoria, Karachi-Central has applied for bail. His bail plea was rejected by learned Vth Additional Sessions Judge, Karachi-Central, he has resorted to file the application for redress. The facts leading to the F.I.R. are that complainant Shakeel son of Abdul Jaleel was returning from his place of job at about 1945 hours reached on Landi Kotal Chowrangi in front of Dental College at Block-L, suddenly two culprits came and placed their motorcycle in parallel position, demanded mobile phone, upon which the complainant handed over his mobile fearing danger to his life, the culprits ran away. Later police came, the complainant informed the incident, the culprits were chased, were caught and from the possession of the applicant and co-accused Imran Aziz recovered robbed article Mobile Phone Nokia No.3310. The learned counsel appearing for the applicant has contended that police had encircled the applicant, while moving on motorcycle at Block-L, North Nazimabad, along with co-accused and called upon them to produce the licence and documents of motorcycle, on the tussle between the applicant and co-accused police shifted them to police station. The police had booked the applicant in a false case for snatching mobile phone from the possession of the applicant. It is further contended that no independent witness has been examined by the police in the case, which renders the investigation doubtful. It is urged that no active role of commission of crime is assigned to the applicant, recovery was joint and on the basis of the statement of the complainant the guilt of the accused shall require further inquiry. In support of the above contention, reliance is placed on 1994 MLD Karachi 1014, 1999 PCr.LJ 1529, 2003 PCr.LJ Karachi Page

411. Mr. Agha Zafir Ali, the learned State counsel has opposed the bail application on the premises that the applicant was arrested on the spot and the robbed mobile phone was recovered from his possession along with two double edged daggers. It is manifestly clear from the challan that mobile phone was secured from the joint possession of the applicant and co-accused Imran Aziz as is reflected from the F.I.R. No active role of the commission of crime is assigned to the applicant, recovery was joint and not from the exclusive possession of the applicant. Even on the basis of the statement of complainant Shakeel Ahmed, memo. of arrest and seizure, the statements of P.C. Dilshad Hussain, P.C. Muhammad Saeed, P.C. Syed Shahzad and S.-I. Muhammad Fayaz. It is spelled out that the recovery of the robbed property was joint, therefore the guilt of the applicant requires further inquiry. In view of the above facts and circumstances, applicant Muhammad Danish son of Muhammad Yousuf is admitted to bail, subject to furnishing solvent surety in the sum of Rs.50,000 (Fifty Thousand) and P.R. bond in the like amount to the satisfaction of trial Court. H.B.T./M-99/K Bail granted.