ORDER
SHEET
------------------------------------------------------
Date Order
with signature of Judge
------------------------------------------------------
Date of hearing 17.02.2014
Mr. Imamuddin Chandio Advocate for the Applicant.
Mr.
Zahoor Shah APG.
SYED HASAN AZHAR RIZVI J; By this order I intend to dispose of Criminal
Bail Application No.98/2014 filed by the Applicant/accused Muhammad Aijaz son
of Malak Khuda Bux after dismissal of his Bail Application in Sessions Case
No.586/2013 by the Trial Court.
Brief
facts of the case as incorporated in the FIR are that on 02.04.2013 the accused
persons entered into the Soneri Bank, 21 Commercial Street Phase-II Extension,
D.H.A. Karachi armed with weapons, snatched the repeater from the guards of
bank and committed dacoity of Rs.18,18,152/- and ran away from the bank .
Learned Counsel for the
Applicant contended that the applicant is innocent and has been falsely implicated
in the case due to enmity and malafide on the part of the police and the
complainant. Nothing was recovered from the possession of the Applicant/accused
however, police has foisted recovery of Rs.30,000/- on
the Applicant. Applicant has been nominated on the basis of statement of
co-accused, which has no evidentiary value in the eyes of law. No
identification parade of the present Applicant was held, which creates doubt in
the prosecution case. Learned Counsel further contended that the Applicant’s twin
brother Muhammad Shahid was security guard in Rescue Security Services (Pvt)
Limited and was posted at Sonehri Bank Limited situated at Plot No.65/C, 21st
Commercial Street, Phase-II, DHA Karachi on the day of incident. Learned
Counsel further argued that the co-accused Atta Muhammad, who was arrested
alongwith present Applicant has already been granted bail by the Trial Court
therefore, under the rule of consistency Applicant is also entitled for the grant
of bail. Learned Counsel urged that co-accused Khursheed Anwar Security
Supervisor of the Rescue Security Company has also been granted bail by this
Court and his statement before the police implicating the Applicant has no
value in the eyes of law. Applicant has been arrested for impersonation on mistaken
identity therefore, case against the Applicant is of further inquiry and the
Applicant is entitled for grant of bail.
Learned APG vehemently opposed the grant of bail to
the Applicant and submitted that sufficient material is available on record which
prima facie connects the Applicant in the present crime.
Main contention of the learned Counsel for the
Applicant is that the two co-accused have already been granted bail therefore, present Applicant is also entitled for grant of
bail following the rule of consistency. This contention advanced
by the learned counsel for the accused, in my humble opinion is devoid of any
force for the simple reason that in criminal administration of justice, the
case of each and every accused is different from the case of co-accused and it
could not be said that the case of Applicant/accused is identical to the case
of the other accused persons. Material available with the prosecution establishing
that Muhammad Shahidullah twin brother of the Applicant/accused was in Punjab
for more than last six months prior to the incident. The Applicant by
impersonating and in deceitful manner produced CNIC of his twin brother
Muhammad Shahidullah, got employment of Security Guard in Rescue Security
Company and had actively participated in the crime with co-accused. In the
present case ample and sufficient material is available on record which prima
facie connects the Applicant in the present crime and I do not find any reason
to disbelieve the version of the prosecution as at the bail stage only
tentative assessment is to be taken into consideration.
Present Applicant is
involved in the commission of Bank Dacoity wherein a huge amount of
Rs.18,18,152/- was robbed, such type of incidents are increasing in the
city/country day-by-day and if accused persons would be released on bail in
such crimes in short span of time they certainly take law lightly. Therefore, rampant
law and order situation prevailing in the city and country super normal hike
and such kind of crimes like crime of Bank dacoities of huge amount require to
be curbed.
Above are the reasons
of my short order dated 17.02.2014 whereby present bail application was
dismissed
The observations made
are of tentative nature and the Trial Court shall not be influenced by any of
such observations.
Karachi J
U D G E
Dated:_________________