ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

                                    Cr.Bail Appl.No.S- 442  and  443  of  2013

DATE        ORDER WITH SIGNATURE OF JUDGE

05.08.2013.

Mr. Omparkash H. Karmani, Advocate for applicants.

Mr. Shahid Shaikh, A.P.G. for the State.

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            By this common order, I would like to dispose of both the above applications arising out of one and same crime, filed on behalf of the applicants Bachoo alias Allah Bachayo and Gulchand alias Gulcho.

            The learned counsel for the applicants contended that present crime is out of Crime No.27/2013 recorded at said Police Station by complainant Khamoon on 23.04.2013, stating that the alleged robbery of motorcycle was made from him on 11.04.2013 by applicants Gulchand alias Gulcho and Bacho alias Allah Bachayo. The learned counsel contends that in the said crime, the applicants have been admitted to bail. He has placed on record the certified true copy of the order passed by Civil Judge & Judicial Magistrate, Samaro on 04.06.2013. He contends that in the present crime, police has misapplied Section 412 PPC though the property allegedly recovered from the accused is outcome of Crime u/s 392 PPC where two persons have been shown to have committed robbery from the complainant. Therefore, provisions of Section 411 PPC would be made applicable in this case which is punishable only for three years and does not come within the ambit of prohibitory clause of Section 497 Cr.P.C. He further adds that no public person is cited as witness and no recovery was made from the physical possession of the present applicants and it is strange that police personnel who were armed with weapons could not capture two persons who were allegedly empty handed and by leaving the motorcycle at spot, they succeeded to run away. This fact is sufficient for bringing the matter of applicants within the ambit of further inquiry as envisaged under sub-section 2 of Section 497 Cr.P.C. He prayed for grant of bail to the applicants.

            On the other hand, learned A.P.G. for the State has opposed the grant of bail on the ground that applicants are nominated in the FIR. However, he has conceded that the provisions of Section 412 PPC are not attracted in the circumstances of this case.

            I have given careful consideration to the arguments and gone through the relevant papers on record.

            Admittedly, the applicants Bacho alias Allah Bachayo and Gulchand alias Gulcho have been granted bail by the concerned Magistrate in case of robbery in Crime No.27/2013 u/s 392/34 PPC while the present crime is off shoot of said crime which at the most would be punishable for Under Section 411 PPC and does not come within the ambit of prohibitory clause of Section 497 Cr.P.C. Moreover, it is a case of prosecution that alleged motorcycle was left by the applicants and on seeing police party, they succeeded to run away, therefore, the very alleged recovery needs further inquiry at trial. Accordingly, the applicants are admitted to bail subject to furnishing solvent surety in the sum of Rs.30,000/- (Thirty thousand) each and P.R. Bond in the like amount to the satisfaction of the trial Court.

            The observations made hereinabove are tentative in nature and the trial Court shall not be influenced by any of them at the trial.

                                                                                                            JUDGE                                                          

Tufail