ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. Bail A. No.403 of 2013

   Date                         Order with signature of Judge

1. For Hearing

02.7.2013

Mr. Tariq Hussain Ujjan, Advocate for the applicant

Ms. Rahat Ahsan, State Counsel.

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MR. MUHAMMAD SHAFI SIDDIQUI   J:   This bail application is arising out the FIR No.600/2012 registered at P.S. Shah Latif Town. The case of the applicant is that the FIR is delayed by three days as the incident was taken place on 15.10.2012 at 1730 hours whereas the FIR was registered on 18.10.2012 at 1800 hours. It is further contended by the learned counsel for the applicant that no specific role has been assigned to the applicant in the FIR and allegations of general nature were assigned. It is further urged that one accused Muhammad Ramzan was granted bail by this Court in Cr. Bail Application No.1315 of 2012 and following the rules of consistency the applicant is also entitled for the same relief. It is urged that the role of the applicant is identical to one Ramzan who was granted bail and hence in terms of the Judgment reported in 1979 SCMR 9 the applicant is also entitled for the same relief. On the other hand the learned counsel for the State urged that the case of the applicant is not at all similar to the case of Muhammad Ramzan as the present applicant has been identified by the complainant. It is further urged that the accused/applicant were arrested in an encounter and a truck was also recovered from their possession since the goods/articles were lying in the truck so that no article were recovered from their possession.

          I have heard the learned counsel and perused the record. As for as the ground of delay in lodging the FIR is concerned it is explained in the FIR that he inform 15 and reported the matter to Police Chowki Khuldabad and he had been consistently searching his vehicle. Substantially the fact that needs to be looked into is that the truck was recovered by the Police from the custody of the applicant. The argument of the learned counsel for the applicant that the applicant’s case is similar of Ramzan for grant of bail is not confidence inspiring as specific role has been assigned by the complainant in terms whereof the complainant and the driver namely Hashim Khan identified the accused who subsequently disclosed their name as Imdad Ali Chandio S/o Muhammad Khan and Mubarak Ali S/o Muhammad Latif. The name of Ramzan was disclosed by these two accused namely Imdad Ali Chandio and Mubarak Ali as such he was granted bail in Cr. Bail Application No. 1315 of 2012. Since the truck has been recovered and the applicant has been identified there is no justification for granting bail to the applicant. Accordingly the bail application is dismissed.

          At this stage, learned counsel for the applicant submits that direction be given to the trial Court to conclude the trial within a period of two months. Accordingly, the trial Court is directed to record evidence and after recording evidence of the witnesses the case be decided preferably within a period of two months. In case the trial Court is failed to decide the case within the time frame given above the applicant is at liberty to move fresh bail application on the basis of fresh evidence before the trial Court.

JUDGE