ORDER SHEET
Cr. Bail Application No.375 of 2009
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Order with signature of Judge
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For hearing.
30.04.2009.
Ms. Noor Naz Agha, advocate for the Applicant.
Mr. Sardaruddin Qureshi, advocate for the State.
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The Applicant Abul Hassan has applied for post arrest bail in Crime No.943/2007, under Section 395, 34 PPC, registered at Police Station Ferozabad, Karachi.
Succinctly the facts leading to the bail application are that on 29.11.2007, one Syed Qasim Ali an employee serving as Operation Manager in PICIC Commercial Bank Limited, Tariq Road Branch, Karachi lodged a report stating therein that on 29.11.2007 at 8.50 a.m when Guard Qurban Ali Jatoi son of Muhammad Sawan Jatoi opened the door of the Bank, the Complainant entered into the Bank, one dacoit duly armed with TT Pistol wearing pent shirt was standing there and other companion dacoit who was wearing shalwar kamiz aged about 25/35 years came in front of him, both took the Complainant upstairs where other bank staff were already present tied with ropes. The dacoits took search of the bank removed four mobiles phones from the employee, called upon the Complainant and PW Amir Habib on show of force to open the safe vault took out Rs.3,45,195/- Dollar $2818, also snatched cash Rs.125,000/- and one mobile phone from customer Nadeem and taken away a computer hard disk. Guard Qurban Ali also decamped along with dacoits. Later, staff of the bank reported the matter to the high-ups.
Co-accused Qurban Ali, Applicant as well as Naseeb Muhammad were arrested by police in an encounter and from their possession besides recovery of cash, unlicenced weapons were also recovered and they were challaned to face the charge.
Learned counsel for the Applicant has contended that no specific role has been assigned to the Applicant, description and ages of the accused, who had committed offence is stated to be between 25 to 35 years whereas Applicant is aged about 45 years. It is next urged that the Complainant Syed Qasim Ali’s statement recorded under Section 154 Cr.P.C, 161 Cr.P.C as well as evidence recorded in Court are contradicted to each other. The statement in respect of handing over the keys by Amir Habib, is inconsistent with the statement of the bank employees about handing over the keys and looted money by dacoits from the bank’s safe vault, therefore, case against the Applicant requires further enquiry into the guilt of the Applicant as contemplated by Subsection (2) of Section 497 Cr.P.C.
On the other hand, Mr. Sardaruddin Qureshi, learned counsel appearing on behalf of the State has contended that the Applicant is involved in a number of cases of similar nature registered at various Police Stations of Karachi. The Applicant was arrested on 03.12.2007 and was picked up by star witness of the case in identification test parade held on next day. It is next urged that at the time of arrest Rs.2,00,000/- out of looted amount secured from possession of the Applicant, therefore, he is not entitled to concession of bail.
I have considered the arguments of the learned counsel for the parties advanced at bar and perused the statement of the Complainant Syed Qasim Ali recorded in Court. Prima-facie there is sufficient evidence available with the prosecution to connect the Applicant in commission of crime. He was put to identification test parade before Judicial Magistrate wherein Complainant and other witnesses identified the Applicant to be same. The contradiction pointed out in between the Complainant’s statement recorded in Court as well as contained in the FIR are minor in nature and not sufficient to brush aside the prosecution case unless star witnesses of the case are examined by learned trial Court.
In my humble view, sufficient material is available on record to connect the Applicant with the commission of crime. I am of the view that the Applicant is not entitled to concession of bail, therefore, bail applied for is hereby rejected.
The learned trial Court is directed to record the statement of PWs Amir Habib, Muhammad Asif Iqbal, Ramesh Kishwar and Muhammad Aslam within three months from the date of receipt of this order, subsequent thereof the Applicant shall be at liberty to file a fresh bail application, which shall be decided by the learned trial Court on merits without being influenced by observations made herein above. Orders accordingly.
JUDGE
MUBASHIR