2010 P Cr (PLP)

GHULAM SARWAR KORAI, J.

On 31-8-2005 at about 1600 hours this F.I.R. was registered by one Ahmed Ali of the incident which allegedly taken place on 21-8-7005. According to complainant he has a shop of gold ornaments in Gambat Town. On the date of alleged incident he along with Syed Shafqat Ali Shah and Gulzar Ahmed were sitting in the shop while at about 1300 hours six unidentified persons came on two motorcycles, out of them three were armed with kalashnikovs, three with T.T. Pistols all were with opened faces. Persons holding kalashnikovs entered into the shop while persons holding T.T. Pistols were outside of the shop. Complainant party was overpowered by the accused party holding kalashnikovs and on their direction the locker was opened and golden ornaments of various types total valued of Rs.13,00,000 were allegedly taken away by the accused party. F.I.R. of this incident was registered and on 2-9-2005 further statement of the complainant was recorded in which the present applicant was named by the complainant. Applicant was arrested on 3-9-2005 and six items of golden ornaments total valued of Rs.1,10,690 were allegedly recovered from the present applicant in presence of P.C. Kifayat Ali and Ghulam Akbar. Final report was filed and present applicant is facing trial. The bail application was filed before the learned trial Court, but the same was dismissed vide order dated 18-3-2009. Heard learned counsel for the applicant and learned A.P.-G. for the State. Learned counsel for the applicant states that the F.I.R. has been registered with the delay of about 10 days by the complainant without any explanation. Even neither the applicant was named in the F.I.R. nor descriptions were given. Though according to complainant all accused were with opened faces and were seen by the complainant party clearly. He further states that the present applicant was arrested on the basis of further statement of the complainant which was recorded on 2-9-2005, after about 12 days from the date of incident, which otherwise has no legal value in the eyes of law. Even there was no identification parade held. The applicant was allegedly arrested on 3-9-2005 but alleged recovery was witnessed by the police officials. He further states that during trial the complainant and one Shafquat Ali eye-witness of the alleged incident have been examined and they have not implicated the present applicant. Though this bail application has opposed by the learned A.P.-G. but even these points have not been controverted by him. Since the applicant has not been implicated by the complainant and one eye-witness of the alleged incident in their evidence. Presently the trial Court is lying vacant and applicant is behind the bar since his arrest viz. 3-9-2005 and while he has no more required for the purpose of investigation, therefore, I am of the view that no one can be detained for indefinite period for the offence which has not been supported by the complainant and one of the eye-witness. Even there .is no likelihood for his implication by the remaining witnesses, therefore, further proceedings of the case against the applicant will be futile exercise and sheer abuse of process of law. Therefore, I convert his application to Criminal Miscellaneous Application under section 561-A, Cr.P.C. and quash the proceedings pending against the applicant in the Court of learned Sessions Judge, Khairpur, initiated on an F.I.R. bearing Crime No.78 of 2005 registered at Police Station Gambat for offence under section 17(3), H.O. and section 324, P.P.C. He shall be released forthwith if not required in any other case. Application stands disposed of in the above terms. H.B.T./S-137/K Order accordingly.