ORDER SHEET
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Date Order
with signature of Judge
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DATE OF HEARING 18.07.2013
Mr.
Muhammad Imran Butt Advocate for the Applicant.
Ms.
Seema Zaidi APG.
Syed Hasan Azhar Rizvi J; Applicant/accused
has approached to this court after rejection of his Bail Application by the Vth
Additional Sessions Judge, Karachi-West in Bail Application No.1203/2012
on 12.10.2012.
The
brief facts of the case as narrated in the FIR are that on 11.08.2012 the
accused persons on the point of weapons snatched mobile phones, cash and other
articles from the complainant and his wife and fled away from the scene.
Learned
Counsel for the Applicant contended that the Applicant is innocent and has
falsely been implicated in the case with malafide intention and ulterior
motives by the police on the instigation of the complainant. He further
contended that neither the name of the applicant, nor his hulia, features and
description have been mentioned in the FIR as the FIR was lodged after the
delay of about three hours against unknown persons. Even no specific role has
been assigned to the Applicant, which makes the case of the applicant of
further inquiry. Learned Counsel for the Applicant further contended that the
identification parade of the Applicant was held on 29.08.2012 after eight days
of his arrest and prosecution has failed to give any plausible explanation for
such delay. According to learned Counsel the Applicant at the time of
identification parade objected in clear words that he was shown to the
complainant in police station, therefore, the identification parade becomes
defective and could not be used against the applicant. He urged that there are
material dents in the case of the prosecution, which makes the case of further inquiry, therefore the Applicant is entitled for grant of
bail.
Learned APG
vehemently opposed the grant of bail to the Applicant and submitted that the
FIR was lodged against unknown person but the description of the persons were
described in the FIR and later on the complainant identified the Applicant
during the course of identification parade.
I have heard Mr.
Muhammad Imran Butt Advocate for the Applicant, Ms. Seema Zaidi APG and perused
the material available on record with their assistance.
Admittedly
present FIR was lodged after delay of about three hours against unknown persons
and no specific role has been assigned to the Applicant. Identification parade
of the Applicant was held after eight days of his arrest and after about
eighteen days from the date of incident but no plausible explanation has been
given for such delay by the prosecution and according to the learned Counsel
for the Applicant, the Applicant was shown to the complainant in police station
prior to holding identification parade and such objection was raised by the
Applicant at the time of identification parade.
In 2002
P.Cr.L.J. 349 (Ghulam Nabi versus the State), it was held that
:-
“Delayed
identification test both with reference to the date of occurrence and the date
when the accused was taken into custody, was always looked upon with the
maximum caution by the Courts of law”.
In view of above
facts and circumstances, when there is delay in registration of FIR, so also in
holding the identification parade and neither the name of the
applicant nor his hullia has been mentioned in FIR, the case of the applicant
becomes doubtful and it is settled principle that the benefit of doubt always
go in favour of accused.
Above
are the reasons of my short order dated 18.07.2013 whereby the Applicant was
granted bail subject to furnishing solvent surety in the sum of Rs.100,000/-
(Rupees One Lac only) with P.R. Bond in the like amount to the satisfaction of
the learned Trial Court.
Observations made hereinabove are of
tentative nature and the trial Court shall not be influenced by any such
observation.
J
U D G E
Karachi
Dated _________________