ORDER SHEET

THE HIGH COURT OF SINDH AT KARACHI

Cr. Bail Application No.1062 of 2019

For hearing of Bail Application.

Applicant                    :           Muhammad Hussain son of Rehmatullah

                                                Through Mr. Hafiz Muhammad Khan, Advocate.

Respondent                 :           The State Through Mr. Sagheer Abbasi,

Assistant Prosecutor General Sindh.

Date of hearings          :           23.8.2019

Date of Judgment       :           23.8.2019

ORDER

Abdul Maalik Gaddi, J. – Having remained unsuccessful in obtaining his release on bail from trial Court in Crime No.538/2018 registered under Sections 392/397/34 PPC at PS Surjani Town, Karachi (West). Now the applicant Muhammad Hussain son of Rehmatullah is seeking his release on bail in the said crime through instant bail application.

2.         Briefly the facts of the prosecution story are that complainant Saqib son of Abdul Hafeez lodged instant FIR alleging therein that he is doing work of sewing. On 09.9.2018 at about 0700 hours he reached at Yaroo Village Picket, Azad Hotel near Surjani Town, Karachi and from his back side three persons came on a motorcycle bearing No.KIK-9309, Super Power of Black Colored stopped and one person asked him surrender whatever he had. One person snatched his cash amount of rs.700/- wallet and mobile phone and runaway, meanwhile, he saw a police mobile, who was coming from ahead making noise. Thereafter, he came to know the name of police official as ASI Syed Awan, who succeeded to apprehend the accused persons. Apprehended persons disclosed their names as (1) Sher Zaman son of Azmat, (2) Syed Wali son of Shah Wali, (3) Muhammad Hussain son of Rehmatullah. During personal search, one pistol of 30 bore without number along with magazine loaded with four live rounds were recovered from the right hand of accused Sher Zaman. Accused failed to produce license of the weapon. While, from co-accused Syed Wali, cash of Rs.700/-, wallet and mobile were recovered, whereas from other co-accused Muhammad Hussain, police demanded papers of the motorcycle, but he failed to produce the same. Thereafter, instant FIR was lodged against accused persons at PS Surjani Town.

3.         Learned counsel for the accused submitted that accused is innocent and falsely booked in this case. He further submitted that evidence of complainant is available on record, which shows contradictions. He also argued that complainant during evidence did not identify the accused. He lastly prayed for grant of bail.

4.         On the other hand, learned APG opposed the grant of bail to the accused on the ground that the applicant/ accused is nominated in FIR with specific allegation that at the time of incident, he was available with his other two companion and by the dint of weapons snatched the valuable belongings of the complainant party.

5.         I have heard the learned counsel for parties at a considerable length and have gone through the case papers so made available before me.

6.         It appears from the record that the alleged incident took place on 09.9.2018 and the said incident was reported by the complainant Saqib on the same day without any delay. It appears from the record that it is a case of street crime. Applicant is nominated in FIR with the role that at the time of incident he was available with other two accused and driving motorcycle, whereby he facilitated his companion for committing robbery. This incident has been witnessed by the prosecution witnesses, who appears to no inimical terms with present applicant/ accused, prima facie shows the involvement of present applicant in this serious and heinous crime. Such type of activities are increasing day by day in the society, which are to be curbed with iron hands.

7.         It is argued by the learned counsel for applicant that in this matter complainant has been examined but according to him he is not implicated the applicant/ accused in the commission of offence. This fact has been denied by learned APG by stating that the case is at initial stage and other witnesses are to be examined on 26.8.2019 and the role of the applicant has been described in the FIR, to the effect that he facilitated his companion/ co-accused in committing robbery. He assures to the court that on the next date remaining prosecution witnesses would appear before the trial Court for their evidence. Since the serious allegations have been leveled against present applicant in the commission of the offence, therefore, any comments at this stage and discussion on the evidence of complainant on record would cause prejudice the case of either side and it will amount to deeper appreciation of evidence, which is not permissible at this stage. Therefore, at this stage, applicant is not entitled for bail. As per record that in this matter trial has commenced and one witness i.e. complainant has been examined, therefore, under the circumstances, learned APG is directed to produce all remaining witnesses before the trial Court on the next date of hearing and trial Court is directed to record the statement of the witnesses on the said date and compliance report be submitted to this court through MIT-II.

8.         In view of the above, this bail application merits no consideration, is hereby dismissed. 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/ accused on merits. Since it is a case of street crime, therefore, trial court is directed to proceed the matter expeditiously and decide the same, preferably, within the period of one (1) month, after receipt of this order.

JUDGE

asim/pa