2012 PLP 830 (MLD)

MUHAMMAD TASNIM, J.

Applicant Salman son of Muhammad Usman is booked in Crime No.927 of 2010, registered under section 395, P.P.C. at Police Station Shahra-e-Faisal, Karachi. In the first place the applicant applied bail before IV-Additional Sessions Judge, Karachi-East, who dismissed the bail application per order dated 10-12-2010. Against the aforesaid order present bail application has been filed.

2. The facts as set out in the F.I.R. are that, complainant who is serving as Manager in Soneri Bank; Gulshan-e-Jamal Branch, had reported that on 1-10-2010 while he along with other staff members was busy in daily routine work, at 1015 hours five accused persons entered into the bank from whom two were in Qameez Shalwar and three were in Pant Shirts. They beaten the guard, namely, Nazeer and snatched his pistol while they also beaten other guard and after snatching his repeater asked him to sit under the stairs. One accused was standing on gate while four reached to the cash-counter and from the strong room they lifted Rs.23,15,930 and also snatched mobile phone from the officer Oan Muhammad, mobile phone of peon, and mobile phone of Faisal Hameed and rain away on motorcycles. Accordingly F.I.R. was lodged.

3. In support of the bail application learned counsel for the applicant has submitted that two other co-accused arrested in the same crime have already been admitted to bail and present applicant is similarly placed may also be enlarged on bail. He submits that in the identification parade the applicant was not identified by the complainant. He further says that no doubt recovery of Rs.100,000 was recovered from the applicant but money was also recovered from the other co-accused who have been enlarged on bail. He further says that name of applicant does not appear in the F.I.R. The allegations in the F.I.R. are general in nature and no specific role has been assigned to the present applicant.

4. On the other hand, learned A.P.-G. has submitted that one of the prosecution witnesses, namely, Faisal Hameed from whom mobile telephone was allegedly snatched by the applicant had recognized him in the Court. He says that applicant's case is distinguishable with the other co-accused who have been admitted to bail and his bail application be rejected. He further submits that present applicant is also involved in a number of criminal cases and he is facing trial.

5. I have heard the learned counsel for the parties and have gone through the record of the case.

6. From the perusal of record it appears that allegations against all the accused persons are general in nature. No specific role has been assigned to any of the accused person. Recovery of money has been affected from other co-accused as well. However, applicant was not identified by the complainant during the identification parade. I am mindful that at the bail stage deeper appreciation of the record cannot be gone into but only a tentative assessment is to be made after perusal of the material collected by the police during investigation just to find out as to whether applicant/accused was connected with the commission of offence or not. Keeping in view the above settled position if record of the case is examined it will be noticed that allegations in the F.I.R. are general in nature and applicant was not identified by complainant in the identification parade. Merely pendency of a number of criminal cases against the accused does not disentitle him to the grant of bail if he makes out a case for bail. Other co-accused have already been admitted to bail in the circumstances the present applicant has made out a case of further enquiry in terms of subsection (2) of section 497, Cr.P.C. The learned trial Court shall evaluate the statement of P.W. Faisal while passing the final judgment in the matter. In the circumstances, the applicant is admitted to bail on his furnishing solvent surety in the sum of Rs.500,000 (Rupees five hundred thousand) with P.R. bond in the like amount to the satisfaction of learned trial Court.

7. In view of above this bail application stands disposed of along with the listed application. M.W.A./S-126/K Bail granted.