1999 PLP 1201 (MLD)

Khawaja Awais Mushtaq for Petitioner. Asghar Ali Hinjara for the State. The petitioner is involved in a case under section 394/458, P.P.C. read with section 17 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 vide F.I.R. No.217, dated 5-7-1996 registered at Police Station Cantonment, District Sialkot.

2. According to the F.I.R., three unknown persons entered the house of the complainant while they had muffled up their faces. Out of which two were armed with pistols, whereas one was empty handed. After entering the house they asked the inmates to hand over whatever valuables they had in their house. One of them gave butt blow on the head of the complainant thereby causing him injury. They also threatened the inmates of the house including women-folk to kill them if they raised noise and asked them to hard over the ornaments which the ladies were wearing and also broke open the almirah to take out the valuables including golden ornaments and a cash of Rs.200,000, the detail of which is given in the F. I. R.

3. The petitioner led to the recovery of Rs.20,000 out of looted money and also made extra judicial confession before the complainant and a relative of the complainant namely Colonel (Rtd.) Shaukat Ali Ghauri, whereby, he confessed that alongwith his co-accused he had committed robbery in question. One of the co-accused namely Ilyas is still absconder.

4. Learned counsel for the petitioner has sought bail on the ground that there was no identification parade of the petitioner or other co-accused; that the extra judicial confession being a weak type of evidence cannot be relied upon successfully at bail stage; that the recovery of alleged robbed money of Rs.20,000 was effected from a garden which being an open place was accessible to public at large and hence, it had no value; that incomplete challan was prepared on 5-7-1997 which was received in the Court of the Ilaqa Magistrate on 3-2-1998 and was sent up for trial to the Court of Session on 18-3-1998. However, an order was recorded by the learned trial Court on 11-6-1998 that turn of the case had not yet come up, therefore, it be put up on its turn. Hence, it was alleged that there was no hope that the case will be heard in the near future and since the petitioner's person was no more required, therefore, he was entitled to bail. Reliance was placed on Muhammad Rafique v. The State reported as 1997 SCMR 412 (Supreme Court of Pakistan) and Mst. Khurshid Bibi alias Saidan v. The State reported as 1997 PCr.LJ 1537 (Lahore) to press the points raised above.

5. Learned counsel for the State has submitted that the authorities cited above, are not applicable to the facts of this case. In this regard, it is contended that the petitioner not only led to the recovery of a part of looted money but also made extra judicial confession as aforesaid. It was, therefore, alleged that since the petitioner was involved in a case of heinous nature, therefore, he was not entitled to bail.

6. I have considered the foregoing contentions and find that the prosecution has, prima facie, collected enough evidence against the petitioner in the form of recovery of looted money and also extra-judicial confession trade before the complainant and one senior retired Army Officer. The dacoity in the house of the complainant was committed in a daredevil manner. The inmates of the house were not only threatened but the complainant was also injured during the transaction. The intruders were cruel enough to rob the ladies of the house of their jewellery which they were wearing at the unfortunate moment. Likewise under the threat of their lives, the inmates were treated with cruelty before breaking open the almirah and removing the whole lot of golden ornaments alongwith a cash of Rs.200,000 and a few wrist watches. One of the offenders is still at large. As such, the petitioner has no case for bail at this stage. The petition is accordingly dismissed. N.H.Q./M-731/L Bail refused.