ORDER SHEET
Cr. Bail Application No.440 of 2009
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Order with signature of Judge
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For hearing.
05.05.2009.
Mr. Muhammad Hanif Samma, advocate for the Applicant.
Mr. Irfan Ali, advocate for the Complainant.
Mr. Fazlur Rahman Awan, advocate for the State.
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QAISER IQBAL-J: The Applicant Saleem Khan has applied for post arrest bail in Crime No.212/2008, under Section 452, 354, 394, 34 PPC registered at Police Station Balouch Colony, Karachi, which was challaned under Section 452, 354, 337-F (i), 337-L (ii) PPC.
Succinctly the facts leading to the prosecution case as disclosed by the Complainant Mst. Tasleem are that she resides in Manzoor Colony, Karachi along with her family. The Complainant’s husband had gone to Punjab one week prior to the incident, the Complainant was present along with her niece and friend Saima in the house. She saw the Applicant forcibly entered into her house whereas one culprits remained outside and was armed with pistol. According to the Complainant, one of the culprits caught hold of her and kept mouth over her face and said that as to why earlier her husband lodged a FIR against him. It is alleged that the accused/Applicant put the pistol over the neck of Complainant and her leg were tied and Rs.1600/- were taken from the wallet and so also snatched the gold earrings, which she was wearing along with Mobile Samsung and from possession of her friend Saima Rs.50/- was snatched. It is stated that pistol was pointed out towards son of the Complainant namely Kashif and pistol butt blow was caused over the right hand wrist and then all the three culprits fled away.
Learned counsel for the Applicant has contended that the FIR has been motivated on account of past litigation between the parties as the Complainant’s husband and the Applicant were employees of M/s. Standard Chartered Bank. The Complainant’s husband earlier had lodged FIR No.66/2008 under Section 342, 506 (B) & 34 PPC, which was disposed of under Class “B” by the Competent Authority. It is next urged that the offences with which the Applicant is charged are bailable in nature except Section 452 PPC, which is not attracted to the facts and circumstances of the case. The Complainant, in collusion with her husband by taking advantage of earlier FIR bearing No.93/2008 lodged at Police Station Balouch Colony, Karachi, has fabricated a false story. It is next urged that on account of background enmity and personal grudge the Complainant has connected the Applicant in commission of crime, case against the Applicant requires further enquiry as contemplated under Subsection (2) of Section 497 Cr.P.C.
Learned counsel for the Complainant has contended that the interim pre-arrest bail application moved by the Applicant was dismissed by the trial Court, he was arrested, filed an application for his post arrest bail, which was also declined. It is urged that material available on record suggests that a specific role has been attributed to the Applicant in the commission of crime the allegations leveled by the Complainant are of a serious nature surreptitiously removing the cash from the house of the Complainant brings the case against the Applicant within the purview of non-bailable offence, he is not entitled to the concession of bail.
Learned counsel for the State, in view of the past litigation in the form of FIR bearing No.93 and 66 of 2008 has fairly conceded that the Applicant is entitled to the concession of bail.
I have considered the arguments of learned counsel for the parties advanced at bar, perused the record of the case.
At the very outset, it is strange that the Complainant being household lady, identified the Applicant by name looked him in the commission of crime along with two other culprits, who are neither named in the FIR nor any role specifically has been attributed to them, which connotes that on account of past rivalry in between the Complainant’s husband and the Applicant as both were admittedly employees of M/s. Standard Chartered Bank. FIR prima-facie has been motivated to take revenge of earlier FIR No.93/2008 lodged at Police Station Baloch Colony on recommendation of Investigating Agency, in report was disposed of in Class “B”. So far as the question of stealing of CNG Kits by the Complainant’s husband, who was serving as Driver in the Bank are concerned are the basis of enmity and personal grudge between the parties, therefore, case against the Applicant requires further enquiry as contemplated under Subsection (2) of Section 497 Cr.P.C.
For the foregoing reasons, the Applicant is admitted on bail subject to furnishing solvent surety in the sum of Rs.1,00,000/- (Rupees One Lac only) and PR Bond in the like amount to the satisfaction of the learned trial Court.
Cr. Bail Application No.440/2009 stands disposed of in the above terms.
JUDGE
MUBASHIR