Suit No

ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Criminal Bail Application No. 1690 of 2016

Applicant: Muhammad Shahid s/o. Abdul Karim,

Through M/s Mehmood Habibullah and

Muhammad Fahim Zia, Advocates.

Respondent: The State, through Mr. Zahoor Shah, APG.

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Criminal Bail Application No. 1692 of 2016

Applicant: Muhammad Irfan s/o. Abdul Karim,

Through M/s Mehmood Habibullah and

Muhammad Fahim Zia, Advocates.

Respondent: The State, through Mr. Zahoor Shah, APG.

Date of hearing: 11.01.2017

Date of order: 31.01.2017

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O R D E R

Zafar Ahmed Rajput, J:- By this common order, I intend to dispose of both above listed bail applications, as the same have arisen out of F.I.R. No. 151 of 2016, registered at PS Manghopir, Karachi, under Section 395 P.P.C. Later on, section 412 P.P.C. was also incorporated.

2. Through Criminal Bail Application No. 1690/2016, the applicant/accused Muhammad Shahid s/o. Abdul Karim seeks pre-arrest arrest bail in aforementioned crime. His earlier application for grant of pre-arrest bail bearing No. 1882 of 2016 was dismissed by the learned VII^th Additional Sessions Judge, Karachi West, vide order dated 04.11.2016. He was granted ad-interim pre-arrest bail by this Court vide order dated 25.11.2016, now he seeks confirmation of his bail. While, through Criminal Bail Application No. 1692/2016, the applicant/accused Muhammad Irfan s/o. Abdul Karim seeks post-arrest arrest bail in aforementioned crime. His earlier application for grant of post-arrest bail bearing No. 1902 of 2016 was dismissed by the learned VII^th Additional Sessions Judge, Karachi West, vide order dated 04.11.2016. Thereafter, he was arrested on 15.10.2016.

3. Briefly stated, the facts of the case are that on 06.06.2016 at 0030 hours complainant Ansar Rasool s/o. Atta Rasool lodged instant FIR alleging therein that on 02.06.2016 he loaded 29 tons and 150 kilo woods from Gul Bhai, Shershah Go-down in his Nissan 14 Wheelers Troller bearing Registration No. JT-3951 with container for Multan. When he reached Northern Bye-pass near Byco Petrol pump at about 8:00 p.m. from rear side a Bedford Rocket Vehicle came and pushing the Troller, it came forward wherein 7/8 persons duly armed with different weapons were seen by the complainant. Out of them, four persons came down and alighted the complainant and his cleaner Asif from his vehicle and they snatched one Q-Mobile and cash amount Rs.60,000/- and took away his vehicle, while other four persons took the complainant and his cleaner towards jungle and tied their eyes, hands and legs with bandage and left them in the jungle. At about 6:00 p.m. when they went away the complainant party after opening bandage freed themselves and came out of the jungle and reached Northern Bye-pass near Dua Hotel from where they informed owner of the vehicle on phone about the incident, who came there and also informed police at 15 helpline and area police and also searched the vehicle. On 05.06.2016 they came to know that the aforesaid vehicle has been found by the police of SITE-A police station but without any material loaded on it.

4. The learned counsel for the applicants/accused has mainly contended that the applicants are innocent and have falsely been implicated in this case by the complainant party due to malice and ulterior motive on account of business enmity; that the applicants are businessmen and police of PS SITE Super highway Industrial Area took away their goods amounting to Rs.35,00,000/- and on demand of the applicants, police being annoyed falsely implicated them in the present case; that the applicants were also implicated in a false FIR bearing Crime No.273/2016 registered at PS SITE Super Highway Industrial Area under Section 395 P.P.C. wherein they obtained interim pre-arrest bail from this Court vide order dated 10.09.2016 passed in Criminal Bail Application No. 1331 of 2016; that the names of the applicants are not mentioned in the FIR and they have been implicated in this false case on the allegation of receiving stolen property; that there is an inordinate delay of four days in lodging the FIR for which no plausible explanation has been furnished by the complainant; that no recovery has been effected from the applicants nor they received or retained any stolen property as alleged by the police; that the offence under Section 412 P.P.C. is not applicable in the instant case as the applicants have not received or retained the alleged stolen property; that applicant Muhammad Irfan is behind bars since 15.10.2016 and the instant case is a fit case for further enquiry, thus the present applicants are entitled for the concession of bail. In support of his contentions, learned counsel for the applicants has placed reliance upon the cases of Muhammad Sajjad vs. The State (2009 SCMR 1248), Muhammad Naeem and another vs. The State (2012 YLR 1228), Mushtaq Ahmed vs. The State [PLJ 1975 Cr. C. (Lahore) 166], The State Vs. Abba Ali Shah alias Abba Umer and another (PLD 1988 Karachi 409), Abdul Hameed vs. The State (1987 P.Cr.L.J. 1707), Noor Ahmed alias Noori vs. The State (2005 P.Cr.L.J. 453), Sakina Bibi vs. The State (2008 PSC (Crl.) 554), Naseer Ahmad vs. SHO Police Station Trindah Muhammad Pinnah, District Rahim Yar Khan (1998 P.Cr.L.J. 196), Walayat vs. The State (PLD 2008 Lahore 470), Hayatullah vs. Lal Badshah (PLD 2009 Peshawar 28), Nisar Ahmed vs. The State and others (2014 SCMR 27) and Khalid Ahmed Khan Lund vs. The State (PLD 2015 Sindh 20).

5. On the other hand, learned APG has vehemently opposed this application on the ground that the stolen property has been recovered from the godown of applicants and they are also involved in similar type of criminal cases; hence, they are not entitled for the concession of bail.

6. I have considered the arguments advanced by the learned counsel for the parties and also perused the material available on record.

7. It appears from the perusal of record that the I.O., during course of investigation apprehended one accused, namely, Ashraf Shaikh and on his pointation part case property of this case was recovered from a go-down situated in Bhangoria Goth, Azizabad, Karachi, which was taken by the applicants on rent from its owner Muhammad Aslam vide tenancy agreement executed between the parties on 01.06.2016. It also appears that the robbed property of Crime No. 273/2016 registered at PS SSHIA (District Malir) under Section 395 P.P.C. was also recovered from the same go-down and the present applicants are also involved in the said case, which was lodged by complainant Rehmanullah s/o. Daulat Khan, who so also the complainant of this case have no ill-will, malice, ulterior motive to lodge a false case. The alleged offence under Section 412 P.P.C. is punishable for imprisonment of life or rigorous imprisonment of ten years and fine under the schedule-II of the Criminal Procedure Code. From the tentative assessment of the evidence on record, it appears that the prosecution has sufficient evidence against the applicants/accused to connect them with the alleged offence and no case of further enquiry has been made out; hence, the applicants are not entitled for the bail. The case-law cited by the counsel of applicants being on different footings are not applicable in the case of applicants. Accordingly, both the bail applications are dismissed. The interim bail granted to the applicant Muhammad Shahid vide order dated 25.11.2016 is hereby recalled.

8. Needless to mention here that the observations made herein-above are tentative in nature and would not influence the trial Court while deciding the case of applicants on merits.

JUDGE

Athar Zai