THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.1463 of 2019
Applicant : Muhammd Raza son of Muhammad Raees
through Mr. Fida Muhammad Khan Khel, Advocate.
Respondent : The State through Mr. Abrar Ali Khichi,
Additional Prosecutor General, Sindh.
Date of hearing : 29.10.2019
Date of Decision : 29.10.2019
ORDER
ABDUL MAALIK GADDI J. Applicant/accused Muhammad Raza seeks his release on bail in case Crime No.169 of 2019 registered at police station Orangi Town, under Section 392/34, PPC. Prior to filing this bail application, applicant also approached to the trial Court, whereby the learned trial Court rejected the bail plea of the applicant vide impugned order dated 05.10.2019; hence, instant bail application.
2. Facts necessary for the disposal of instant bail application as per FIR lodged by the complainant Muhammad Kashif Ansari son of Muhammad Nouman on 18.06.2019 at about 2300 hours in his verbatim as follows:-
“I live at above stated address along with my parents. I do echo sound work which is done till late night. On 14.06.2019, I and my worker Umer Qureshi son of Ashfaq Qureshi after finishing our work were sitting on chairs in front of the shop named Taj Lassi and were drinking lassi. That at about 04.00 a.m on a motor cycle 70 CC two young boys who appeared to be Baloch came. Out of them one was having weapon and he pointed it at us and said that “give whatever you have” and on the force of weapon snatched from me my mobile phone A-6 Samsung, Sim Nos.0312-2092302, 0332-2243648, cash amount of Rs.15000/-, documents of my motorcycle, photocopy of my CNIC and from Muhammad Umer Qureshi snatched his mobile phone Voice Sim No.0312-2031177, 0303-2740840 and cash amount of Rs.3700/- and thereafter, they fled away towards Qazzafi Chowk on their motorcycle. I can identify both of them if came before me. I had been searching them, but could not find. Now I have come to report. My claim is against both the said persons of identifiable faces who snatched the aforesaid mobile phones and cash amount from us on the force of weapon and thereafter to escape from the scene.
3. Learned Counsel for the applicant argued that the applicant is innocent and has been falsely implicated in this case by the complainant; that incident took place on 14.06.2019 while the FIR was lodged on 18.06.2019 after the unexplained delay of about four days; that no identification parade for the accused was held before any competent Court of law; that nothing was recovered from the possession of applicant; that applicant was also arrested under Section 23(1)(a) of Sindh Arms Act, 2013 and on the second day of his arrest, he was also implicated in a case under Section 382, PPC and in both the cases the applicant has been granted bail; hence, prayed for grant of bail.
4. On the other hand, learned Additional Prosecutor General, Sindh has opposed this bail application and submits that delay in lodging of FIR has been explained by the complainant as he was busy in searching of the accused as per contents of FIR. He further submitted that the accused got recovered the robbed mobile phone of the complainant in presence of the complainant and another private mashir. He also added that accused is a habitual offender; therefore, he is not entitled for bail.
5. I have heard the learned Counsel for the 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 14.06.2019, whereas, the FIR was lodged by the complainant on 18.06.2019. Though, there is a delay of three (3) days in lodging of FIR, but the delay, if any, has been plausibly explained. The allegations against the applicant/accused is that on the relevant date and time, he snatched mobile phone A-6 Samsung, Sim Nos.0312-2092302, 0332-2243648, cash amount of Rs.15000/-, documents of motorcycle, photocopy of CNIC, another mobile phone Voice Sim No.0312-2031177, 0303-2740840 and cash amount of Rs.3700/- from the complainant and his friend namely, Muhammad Umer Qureshi on gun point, who appears to be no inimical terms with the applicant/accused. The applicant/accused is not nominated in FIR and if the complainant had any ill will with him, he must give the name of applicant/accused in FIR.
7. A perusal of record reflects that applicant/accused Muhammad Raza alias Ali Raza son of Muhammad Raees was arrested on 19.06.2019 in case Crime No.144 of 2019 under Section 23(1)(a) of Sindh Arms Act, 2013 and during investigation of that case, he disclosed his involvement in the present case. Upon such disclosure of the accused, the complainant of the present case Muhammad Kashif Ansari was called at the police station, who identified the accused and on his identification the accused was also arrested in the present case. On 20.06.2019, the co-accused Ahmed Shahzeb son of Nazeer Hussain was arrested and on 23.06.2019, both the accused persons got recovered the robbed mobile phone of complainant Samsung A6+ on their pointation from a dilapidated house situated at sector 14/C, near graveyard, Orangi Town, Karachi. It is to be noted here that recovery of the robbed mobile phone of the complainant on the pointation of applicant/accused and his companion, the said co-accused sufficiently connect them with the commission of the crime.
8. Thus, it appears that it is street crime and these type of activities are increasing day by day in the society, which are to be curbed with iron hands. The case is at initial stage and sufficient evidence is available against the applicant/accused, therefore, instant bail application stands dismissed.
9. It is made clear that the above observations are tentative in nature and would not influence the trial Court while deciding the case of applicant on merits.
The bail application stands dismissed.
Faizan A. Rathore/PA* JUDGE