ORDER SHEET

 IN THE HIGH COURT OF SINDH AT KARACHI

        Cr. Bail Appln. No.1232 of 2016                 _____________________________________________________

Date                      Order With Signature Of Judge

__________________________________________________________

For hg of bail application

12.01.2017.

          Mr. Liaquat Ali Khan, advocate for applicant.

          Mr. Zahoor Shah, A.P.G.

1.      Through instant Criminal Bail Application, applicant, namely, Shahzad son of Muhammad Ashraf seeks post arrest bail in Crime No. 302/ 2015, registered at P.S. Baloch Colony, under section 392/ 34 P.P.C. The earlier bail application of the applicant was heard and dismissed by the learned Additional Sessions Judge-I, Karachi South, in Sessions Case No. 826/2016, vide order dated 18.08.2016.

2.      Briefly stated, facts of the case are that complainant Muhammad Iqbal son of Mehar Khan lodged the afore-mentioned FIR on 10.10.2015, alleging therein that he is running hotel in Karachi Administration Society in the name and style of “Iqbal Food Centre”. On 19.07.2015 his son NajamIqbal, along with his brother Banda Khan, his servant Asghar and his friend RizwanHaider having been closed the hotel, reached in the street of his house, where two young boys came there on a motorcycle and on gun point snatched the shopper having cash of Rs.6,50,000/-. They also snatched Rs.10,000/- from him lying in the pocket of his paint and mobile phone Samsung and original CNIC, driving license and ATM Card from his son’s friend RizwanHaider and; thereafter, they ran away. Thereafter, on 07.05.3026 co-accused Sanwal was arrested by police on spy information, who during course of interrogation disclosed that he had committed the offence along with Shahzad alias Shad and Adeel on the instructions of QamarZaman and Asif Kashmiri and thereafter on 11.05.2016 police arrested the applicant/ accused on the pointation of co-accused Sanwal.

3.      Learned counsel for the applicant has mainly contended that the applicant is innocent and has falsely been implicated in this case; that the name of the applicant does not appear in the FIR, which was lodged after two months and twenty one (21) days without furnishing any plausible explanation for such delay; that the applicant/ accused has been implicated in the case on the basis of statement of co-accused, recorded by police under section 161 Cr. P.C., which is inadmissible under Qanun-e-Shahadat Order, 1984 while co-accused Muhammad Sanwal, Muhammad Asif and QamarZaman have already been granted bail by the trial Court, therefore, the applicant is also entitled for the concession of bail.

4.      On the other hand, learned A.P.G. appearing for the State has opposed this application on the ground that the present applicant/ accused was identified by the son of the complainant during identification parade, conducted by the IVth Judicial Magistrate, Karachi-South, hence the case of the applicant is distinguishable from the case of the co-accused, who have been enlarged on bail by the trial Court.

5.      Heard the learned counsel for applicant as well as A.P.G. and perused the material available on record.

6.      It appears from the perusal of the record that the applicant was arrested by the police in this case on the statement of co-accused Muhammad Sanwal, who has already been granted bail by the trial Court, so also, co-accused Muhammad Asif and QamarZaman, who were arrested on the pointation of co-accused Muhammad Sanwal have also been granted bail by the trial Court. So far the identification of the present applicant by the son of complainant is concerned, the offence was allegedly committed on 19.07.2015 while the identification test was conducted on 16.05.2016, after about ten months of the alleged incident. No description of the accused has been given in the F.I.R., hence the veracity of the identification parade is yet to be determined by the trial Court after the full-fledge trial. Hence, case against the applicant/ accused calls for further inquiry into his guilt.

7.      For the foregoing facts and reasons, the applicant/ accused is admitted into bail, subject to furnishing solvent surety in the sum of Rs.50,000/- and P.R. Bond in the like amount to the satisfaction of the trial Court.

8.      Needless to mention here that the observations made hereinabove are tentative in nature and would not influence the trial Court while deciding the case of the applicant on merits and if applicant in any manner tries to misuse the concession of bail, it would be open for the trial Court to cancel his bail after issuing him the requisite notice.

                                                                                      JUDGE

hanif