IN THE HIGH COURT OF SINDH AT KARACHI
Present: Justice Mrs. Rashida Asad
Criminal Bail Application No. 1559 of 2019
Applicants : Muhammad Riaz s/o Janat-ur-Rehman Qureshi and Muhammad Alam Khan s/o Dilawar Khan through Mr. Ajab Khan Khattak Advocate.
Respondent : The State through Mr. Muntazir Mehdi, Deputy Prosecutor General Sindh
Date of hearing: 15.11.2019.
ORDER
Mrs. Rashida Asad, J.- Through this Crl. Bail Application applicants/accused Muhammad Riaz and Muhammad Alam Khan seek post arrest bail in Crime No.520/2019 under Section 392/34 PPC registered at P.S. Ferozabad. Their earlier bail application was hard and decided by the learned IIIrd Additional Sessions Judge Karachi East vide order dated 22.10.2019
2. Relevant facts of the case are that on 16.09.2019 at 0535 hours complainant Aziz-ur-Rehman lodged aforesaid FIR, stating therein that on 16.09.2019 at about 0400 hours he heard noise at the main gate of his house. On glanced through the window he saw one white coloured car parked outside of his house, wherein two persons were sitting, while two were trying to open the gate of his house. He immediately informed the police on 15 for help. In the meantime two culprits entered into the house duly armed, and on gun point, they took out cash of Rs.50,000/- and gold ornaments weighing about four tolas from the cupboard. In the meanwhile police party reached there, on hearing the siren both the culprits became nervous, the police party encircled his house and apprehended both culprits at the spot, while their two other companions made their escape good in the said car. The apprehended culprits disclosed their names as Muhammad Riaz and Muhammad Alam. Police recovered pistols and robbed amount and gold ornaments from their possession in presence of complainant and mashir. They disclosed the names of their companions as Naeem Khan and Jumma Khan. Both the culprits were arrested. Arms, ammunition and recovered robbed articles were taken into custody. Thereafter they were taken to police station where complainant lodge the FIR.
3. Learned counsel for the applicants/accused has contended that the applicants/accused are innocent and have been falsely implicated in this crime ; that no specific role has been attributed to any of the applicant/accused and nothing has been recovered from their possession and the alleged recovered property has been foisted upon them ; that the complainant has not given the description of currency notes and also not disclosed details of the gold ornaments ; that name of mashir is not mentioned in the FIR ; that the alleged offence does not fall within the prohibitory clause ; that the guilt of applicants/accused requires further probe into the matter.
4. On the other hand, Deputy Prosecutor General, Sindh has vehemently opposed the application and contended that specific role of applicants/accused has been assigned in the FIR ; they were arrested at the spot red handed ; robbed cash and articles were recovered from their possession, hence they are not entitled for concession of bail.
5. I have heard learned counsel for the parties and have perused the available record.
6. The applicants/accused were arrested at the spot red-handed by the police of 15 Madadgar. Arms and ammunition as well as robbed property were recovered from their possession. The FIR has been lodged promptly. No malafide intent or motive found on the part of complainant, rather he himself was victim of the crime. It needs no reiteration that current offences of the nature have caused panic among the people, and, it is oftenly seen that the culprits involved in such offences do not hesitate in taking the lives of innocent persons even on a slightest resistance by the person being looted by them. The people, feeling themselves unsafe, due to fear, threats and lack of interest by the police are avoiding to lodge such cases and/or to become witnesses against the culprits in such heinous crimes. No enmity of the applicants/accused is shown, and thus there is a prima-facie sufficient material available against the applicants/accused to connect them with the offence alleged against them. Applicants/accused have been charged with offence which not only fell within prohibitory clause of S. 497 of Cr.P.C. but also attracted punishment up to ten years. Since offence of robbery was an aggravated form of theft or extortion, in all robbery cases there was either theft or extortion. Complainant was not only overpowered by accused, but was made hostage on gunpoint and thereafter cash and gold ornaments were taken out from the cupboard and in doing so, force was applied. No cogent material was available on record to make present case one of further inquiry into guilt of accused. In these circumstances, applicants/accused are not entitled for concession of bail. Accordingly, the bail application is dismissed. These are the reasons for the short order announced on 15.10.2019.
7. 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 applicant on merits.
J U D G E