IN THE HIGH COURT OF SINDH AT KARACHI.
Criminal Bail Application No. 1610 of 2002.
FOR HEARING.
7.1.2003.
Mr. Syed Asad Ali Shah, Advocate for the applicant
Mr. Arshad Lodhi, A.A.G.
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By this order I propose to dispose of Criminal Bail Application No. 1610 of 2002, filed by the applicant in a case bearing FIR No. 359/2001 Dated 22.8.2001 u/s 353/392/324/307 read with 34 PPC, registered at P.S. Korangi Industrial Area. The bail plea of the applicant was declined by the learned IIIrd Additional Sessions Judge vide order 26.11.2002.
The prosecution story as unfolded in the FIR is that on 22.8.2001 at about 6:00 P.M. Complainant Salahuddin Khan appeared at P.S. Zaman Khan Town Korangi No.4, Karachi and lodged FIR alleging interalia that on the eventful day i.e. 22.8.2001 at 6:00 P.M. the Complainant alongwith his brother Nadeem was present in his office whereas his Chowkidar Siddique was also present. It is further alleged that four persons duly armed entered into the office, out of them three were armed with Pistols, whereas one was having a Dagger in his hand. They controlled the Complainant at gun point and threatened him that whatever they are having in their possession be handed over to them. At this the Complainant under fear threw the key of safe of Almira and whereafter the culprits took out the cash of Rs.3,50,000/- from the safe and told to keep silent. It is alleged that the telephone was disconnected and the complainant party was locked from inside the office but they decamped from the scene of offence in Taxi which was standing outside. The FIR further shows that the Complainant alongwith his brother opened the lock of the office and followed the culprits but they successfully ran away towards Bilal Colony in a Taxi No. JL-4792. Thereafter the police came at the vardat to whom the entire story of the incident was narrated whereupon the police chased the culprits on gun point and when they reached in Awami Colony there had been an encounter between Complainant party and culprits which continued for sufficiently a long time and after the close of firing two culprits were apprehended at the spot alongwith pistols and they were taken into custody. The apprehended accused disclosed their names as Aslam and Mushtaq. Both the accused namely Pervez and Muhammad Shafiq were taken into custody alongwith Taxi and one Pistol with four rounds and a magazine. After usual investigation the applicant was sent up to stand trial in the Court of law.
I have heard the learned counsel for the respective parties and perused the record.
It has been contended by the learned counsel for the applicant that the latter was a Taxi Driver and on the day of incident his car was hired as Taxi which later on was used under pressure in the commission of crime. The perusal of the FIR further show that no overt act was contributed to him. Besides co-accused Kamram and Habib were granted bail by the learned trial Court vide two separate orders dated 18.1.2002 and 27.7.2002, respectively and the case of the present applicant is on better pedestal to the case of co-accused Kamran and Habib, already granted bail.
Learned counsel for the State Mr. Arshad Lodhi, AAG concedes to the above legal position and raised no objection if the bail is granted to applicant .
I have given my anxious consideration to the arguments of the respective parties, perused the record and feel that the learned counsel for the applicant has been able to make out a case for bail, which is granted provided if he furnishes surety in the sum of Rs.1,00,000/- and P.R. bond in the like amount to the satisfaction of the trial Court. Criminal Bail Application No. 1610 of 2002 stands disposed of in the above terms.
JUDGE