2018 PLP 270 (YLRN)

AFTAB AHMED GORAR, J.

Applicants Muhammad Usman and Ahmed seek post arrest bail in Crime No.146 of 2015 registered at Police Station, Kamber for offence under Sections 395, 148, 149, P.P.C.

2. The brief facts of the prosecution case are that on 04.7.2015 complainant Asghar Ali along with PWs Ghulam Qadir and Waseem were sleeping in the Cattle-pan of Bilawal Khan Mangan when at about 3-00 a.m. of the night they woke up on hearing noise. Electric bulbs were burning. The complainant got up, saw and identified six persons armed with weapons namely

1. Muhammad Usman with gun,

2. Ahmed (applicants) with Repeater both sons of Sohbat Mugheri, and others accused nominated in the FIR armed with weapons. It is alleged that all the accused aimed their weapons upon complainant party and thereafter accused Muhammad Qasim robbed complainant cash of Rs:2500/- and, one cell phone of Nokia company while accused Muhammad Usman, Ahmed and Mugheri robbed two goats and went away towards northern side. The complainant party being empty handed did not chase the accused persons. It is further stated that on the next day on the advice of their nekmard Bilawal Khan Mangan, the complainant reported the incident at Police Station.

3. Learned counsel for the applicants contends that applicants are innocent and have been falsely implicated by the complainant with mala fide intention and ulterior motives. He further contends that both the applicants are brothers inter se and the complainant has roped mostly the persons of one and the same family. He further contends that there is delay of 14/15 hours in lodging the FIR though the police station is at a distance of about 11/12 kilometers. He further contends that the alleged incident is said to have taken place in odd hours of night and the source of identification of the culprits has been disclosed as bulb light, which is weak type of source and cannot be relied upon. He last contends that no such incident has taken place. In fact, since lands of applicant party are adjacent to the lands of Zamindar of the locality, namely Bilawal Khan Mangan, who was trying to usurp the lands of applicant party hence he has implicated the applicants in this false case. He further contends that not only this but two others FIRs bearing Crimes Nos.150/2015 and 151/2015 have been lodged against the applicants. He contends that the applicant Muhammad Usman is aged about 60 and applicant Ahmed is aged about 57 years. Learned counsel contends that it is very hard to believe that when six armed persons came to commit robbery, they took only two goats though as per FIR many other goats and buffaloes were available. Learned counsel lastly contends that applicants have been granted bail in Crime No.150/2015 and in Crime No.151/2015.

4. Learned APG in view of the facts and circumstances recorded no objection.

5. I have given due consideration to the arguments of the learned counsel for the applicants and learned State counsel. In view of the facts and circumstances of the case I find sufficient force in the contentions of learned counsel for the applicants that it is a case of further enquiry though the allegation of robbery has been alleged against the applicants who are brothers and aged about 60 and 57 respectively. There is delay of about 14/15 hours in lodging the FIR though the police station is at a distance of about 11/12 kilometers which can be covered within half an hour. The applicants have also filed bail applications in Crime No.150/2015 (Cr

1. B.A. No. 450/2015 ) and Crime No. 151/2015 (Crl.B.A. No.451/2015) in which both the applicants have been granted bail.

6. Looking to the above facts and circumstances, applicants are admitted to bail on furnishing surety in the sum of Rs.50,000/- each with PR Bond in the like amount to the satisfaction of trial Court. MQ/M-134/Sindh Bail granted.