Cr. Bail Application No.37 of 2009.

For hearing.

22.6.2009. Mr. Nisar Ahmed Bhambro advocate for the applicant.

Mr. Ali Hyder Dareshani advocate for the State.

Applicant seeks bail in crime No.2/2009 P.S Shetharja district Khairpur u/s 17(3) Offence Against Property (Enforcement of Hudood) Ordinane, 1979.

The facts leading to the present bail application are that complainant Shahzado Kubar lodged FIR stating therein that, last night my daughter fell ll due to which, I, my maternal uncle Muhammad Nawaz, maternal cousin Muhammad Rafiq Kubar went to Setharja for purchasing medicines on my CD 70 motocycle. After taking medicines from Setharja we returned back home I was driving the motorbike, when at about 11.30 p.m in the night reached at Kobri Minor bridge and we saw six persons armed with weapons standing there, out of them four were identified on vehicle light as Khalid Hussain so Faiz Ali Rajper having gun, Hassan s/o Abdul Majeed Rajper having K.K, Muhammad Sachal s/o Chanessar Rajpar having pistol and two unknown persons armed with weapons all r/o Kobri minor taluka Mirwah. The accused persons pointed weapons on us and signaled to stop. I stopped motorbike thereon the accused encircled and threatened to observe silence otherwise they would harm us. Due to fear of weapons we kept quiet, in the meanwhile accused Khalid Hussain robbed keys of motorbike from me, accused Babu removed golden ring, golden necklace and took money from my pocket. Accused Khalid Hussain and Babu Rajper wenmt to Sui Gas side riding on my bike and other accused went into crops with weapons. Due to odd hours of night I cam back home and thereafter lodged the FIR.

Heard the learned counsel for the applicant as well as learned State counsel, who opposed the grant of bail.

In the present case name of the applicant has been shown in the FIR and he has been assigned specific role of robbery of motorcycle. The FIR has been lodged without any delay and the crime weapon has been recovered from the applicant/accused and separate FIR has been lodged u/s 13-E Arms Ordinance, against the applicant at police station Setharja. In 161 Cr.P.C complainant and p.ws have fully supported the prosecution case. Since the applicant/accused has been nominated in the FIR and the case is fresh one and no charge has been framed.

In the existing circumstances applicant/accused Khalid Hussain did not make out a case of further enquiry, therefore his bail application is declined. However the trial court is directed to conclude the trial within a period of five months.

However, the observations made herein above are tentative in nature for the purpose of only disposal of bail application and may not influence the mind of trial court which is free to appraise the evidence strictly according to merits of the case.

The bail application No.370 of 2009 stands disposed of in the above terms.

JUDGE.

M.F.