2021 PLP 27 (YLRN)

ABDUL MAALIK GADDI, J.

Having remained unsuccessful in obtaining his release on bail from trial Court in Crime No.326 of 2019 registered under section 395, P.P.C. at Police Station Jamshed Quarters, Karachi. Now applicant Mahmood Hassan is seeking his release on bail in the said crime through instant bail application.

2. It is pertinent to mention here that earlier criminal bail application of the applicant bearing No.1726 of 2019 was dismissed by this Court vide order dated 05.12.2019.

3. The allegations against the applicant is that on 18.09.2019 at about 01:45 a.m., he came at the place of incident (as mentioned in FIR) along with his companions, who were seven (7) in number on three (3) motorcycles with weapons and they by dint of weapons snatched the valuable articles/belong-ings from the complainant Sher Talha Khan and his friends/PWs namely, Mustafa Chaudhry, Abdur Rehman and Ahmed Afzal when they were available at Iqbal Hotel Nishter Road for taking tea.

4. Learned Counsel for the applicant contended that applicant is innocent and has been falsely implicated in this case by the police with mala fide intention and ulterior motive on refusal of illegal demands of the police; that the involvement of applicant in commission of offence is yet to be established at the time of trial as up till now no prosecution witness has been examined by the trial Court; that the present applicant was picked up by the law enforcement agencies on 12.09.2019 at 05:00 a.m. from his own house before many witnesses and since then he was illegally detained by the police and showing him in this FIR; that nothing was recovered from his possession and the alleged recovery was foisted upon him just to save the real culprits; that in the FIR complainant has failed to mention the specific role of applicant; that complainant has failed to identify the present accused and complainant has miserably failed to disclose that how and where the present applicant was apprehended, as police did not mentioned in FIR or in statement of prosecution witnesses recorded under section 161, Cr.P.C; that in FIR, complainant has failed to mention the denomination number of currency as well as IMEI numbers of the alleged mobile phones. Hence, he prayed that the case of the applicant requires further probe.

5. In contra, learned Additional Prosecutor General, Sindh has opposed this bail application on the ground that applicant is nominated in FIR and was arrested at the spot and police recovered robbed/looted mobile phones and incriminating articles from his possession in presence of mashirs namely, Mustafa Chaudhry and Abdur Rehman, who have no inimical terms with the applicant; that offence falls under the prohibitory clause of section 497, Cr.P.C., hence, he prayed for the dismissal of instant bail application.

6. I have heard the learned Counsel for the parties at some length and have gone through the case papers so made available before me.

7. It is noted that incident took place on 18.09.2019, whereas, the same was reported on same day by the complainant Sher Talha Khan, who appears to be no inimical terms with the applicant, alleging therein that when he was available at Iqbal Hotel, Nishter road along with his friends namely, PWs Mustafa Chaudhry, Ahmed Afzal and Abdur Rehman for taking tea, present applicant came there along with his companions and they by the dint of weapons, snatched/ looted the personal belonging/articles, details mentioned in FIR, from the them and they were trying to escape from the spot, they were apprehended and arrested by the police and recovered the looted articles from his possession. Recovery memo was prepared at spot in presence of mashirs namely, Mustafa Chaudhry and Abdur Rehman, who were also victim at the hands of the applicant and his companions.

8. It is argued by learned Counsel for the applicant that applicant is innocent and has been picked up by the law enforcement agencies on 12.09.2019 from his house before many witnesses, but learned Additional Prosecutor General, Sindh has vehemently opposed this contention by stating that no documentary proof in this regard is available on file. Learned Counsel for the applicant submits that at the movement he has no documentary proof, but he would produce the same during trial.

9. As observed above, complainant and PWs, who were the victims in this case, in their statements recorded under section 161, Cr.P.C. have fully supported the case and implicated the present applicant in the commission of offence, which appears to be serious and heinous in nature.

10. From the perusal of case file, it reveals that it is the case of street crime and now-a-days the situation of street crime in city is alarming and increasing day by day, the victims are avoiding to come forward and give evidence against the culprits involved in street crimes, but in instant case at hand, complainant Sher Talha Khan and three other prosecution witnesses are the victims of street crime and at their instance, the applicant was arrested at spot and looted recovered articles were also effected from them, prima facie, shows his involvement in this case, which is serious and heinous in nature. It is noted that due to street crime, the peoples at large feeling themselves as insecure, therefore, these types of activities are to be curbed with iron hands.

11. It is vehemently argued by the learned Counsel for the applicant that the applicant is entitled for grant of bail as compliance of the directions issued by this Court in its order dated 05.12.2019 in Criminal Bail Application No.1726 of 2019, regarding expeditious disposal of the case against applicant, has not been made. I have scanned the material placed on record and unable to subscribe such submissions of learned Counsel for the applicant and in this regard, it is suffice to say that neither non-compliance of directions issued to the trial Court to conclude the trial expeditiously or within some specified time can be considered as valid ground for grant of bail to an accused, being alien to the provisions of section 497, Cr.P.C. I have also perused the progress report of the case along with its reasons for delay submitted by the learned Presiding Officer of the trial Court dated 20.05.2020 available on record showing sufficient reasons that trial could not be concluded due to "Corona Virus Covid-19" neither custody of accused was produced in Court by the jail authorities nor prosecution witnesses appeared due to suspension of regular trial.

12. As observed above, sufficient material is available on record against the applicant, prima facie, shows his involvement in the case. Learned Additional Prosecutor General, Sindh has also pointed out that present applicant is also involved in Crime No.279 of 2019 under section 392/34, P.P.C. of Police Station Bahadurabad. This aspect has not been controverted by the learned Counsel for the applicant. Under these facts and circumstances of the case, I do not find any substance in this criminal bail application, which is accordingly dismissed.

13. Needless to mention here that observations, if any, made hereinabove are tentative in nature and would not influence the trial Court while deciding the case of the applicant on merits. JK/M-136/Sindh Bail refused.