ORDER
SHEET
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Date Order with signature of Judge
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PRESENT: MR.
JUSTICE SYED HASAN AZHAR RIZVI
MR. JUSTICE SALAHUDDIN PANHWAR_
DATE OF HEARING 01.08.2012
Mr.
Ghulam Sarwar Thebo Advocate for the Applicant.
Mr.
Khadim Hussain DPG.
Syed
Hasan Azhar Rizvi J; By this
order we would decide the bail application filed by the Applicant Irshad Bughio.
Facts
of the case in nutshell are that on 30.09.2011 at about 12:20 A.M. the
complainant received threatening messages on his mobile phone whereby the accused persons
demanded an amount of Rs.10,00,000/- (Rupees Ten Lacs only) as bhatta and if
the complainant failed to arrange the amount they threatened to kill his
children and his family would not be saved. After registration of FIR police party
alongwith complainant went at the venue where accused persons called the
complainant and arrested one accused who disclosed his name as Rahib Hussain
alias Badshah Magsi and also disclosed the names of decamped persons as (1)
Akhtiar alias Baloo, (2) Irshad Bughio (present Applicant), (3) Irshad Shaikh
and (4) Abdul Malik. Present Applicant was arrested on 31.10.2011 by the police
of P.S. Sohrab Goth in another and on such information he was arrested in
present case.
Mr.
Ghulam Sarwar Thebo, Advocate for the Applicant submitted that the
Applicant/accused is innocent and has been falsely implicated in this case by
the police without any substantial evidence on the extra judicial confession of
co-accused Rahib Hussain, which is inadmissible evidence under articles 38 and
39 of Qanun-e-Shahadat Order, 1984. He further submitted there is delay in the
identification parade of present Applicant and identification through the
complainant has no value when no features of the Applicant are given in the FIR
and statement recorded under section 161 Cr.P.C. Learned Counsel further
contended that the very happening of the alleged incident is doubtful and
registration of the case is false and manipulated as the entire case is based
upon SMS and calls but the prosecution does not possess such record. Learned
Counsel for the Applicant urged that the case of the Applicant is of further
inquiry and submitted that he is entitled for grant of bail at this stage. He
has relied upon 2012 MLD 120, 2002 YLR 3463, 2004 YLR 1490, 2011 SCMR 1350,
2011 YLR 2300, 2012 MLD 120 and PLD 2008 (Peshawar) 28.
Mr. Khadim Hussain learned DPG
strongly opposed the grant of bail to the present Applicant and contended that
after arrest of the accused the identification parade of the accused was also
held wherein he was identified by the complainant and the delay if any is due to
strike of bar as well as law and order situation in the city therefore, such
delay does not fatal to the case of the prosecution in any manner. At this
stage sufficient material is available on record which connects the present
Applicant in commission of the offence and he is not liable to get concession
of bail as he is involved in a heinous offence.
We
have heard Mr. Ghulam Sarwar Thebo, Advocate for the Applicant, Mr. Khadim
Hussain learned DPG and have perused the relevant material available on
record with their assistance.
On
tentative assessment of the material available on record, it reveals that after
the arrest of the accused the identification parade of the accused was also
held before the Judicial Magistrate wherein he was identified by complainant
and no enmity has been attributed against the complainant to falsely implicate
the present Applicant in the commission of a heinous offence therefore, at
present the identification is strong piece of evidence against him to deny him
the concession of bail at this stage. The
accused has been charged with the heinous offence of extortion of money, which
offences are presently committing very frequently by the bandits and such
increase of the offences regarding extortion of money is very alarming and this
court has to keep in mind about the involvement of the accused in such crime if
produce before the court for the purpose of bail or trial. It
is also apparent from the record that the Applicant/accused is habitual
criminal involving in some other cases, which also reflects from the fact that
he was arrested in another case by the police of P.S. Sohrab Goth and then he
was arrested in the present case. The cases law relied upon the by the learned
Counsel for the Applicant in our humble opinion are distinguishable and not
applicable to the facts and circumstances of the present case.
Above
are the reasons of our short order dated 01.08.2012, whereby instant Bail Application
was dismissed with the direction to the Trial Court to conclude the trial
preferably within three months from receipt of the order.
Observations made hereinabove are of
tentative nature and the trial Court shall not be influenced by any such observations.
J
U D G E
Karachi.
Dated:
______________ J
U D G E