Mr. Mohammad Iqbal Awan A.P.G.

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Applicant Hameedullah son of Qalindar Khan who is facing trial in a case registered under section 392/34 PPC (FIR No.313/2009 of P.S Clifton, Karachi) on his being unsuccessful to get the concession of bail from the Courts below has approached this Court.

The prosecution story briefly stated in the FIR is that complainant Aamir son of Mohammad Nawaz on 10.09.2009 was going on foot towards Aashiyana Centre, Block-9 Street for purchasing. However, when he reached near Tanveer Clinic at about 11:55 PM, suddenly one woman appeared from the side of the Trees installed adjacent to bungalows and stopped the complainant. On which said complainant presumed that she wanted to enquire something from him and she was wearing black Burqa. As soon as said complainant was stopped, that woman called her companions and three persons came there and pointed out T.T pistols upon him while encircling him and they directed to hand over whatever, complainant had. Due to fear of pistols, complainant remained silent. Out of them one took out purse containing Rs.3500/- from the right side pocket of wearing shirt of complainant and mobile phone Nokia 1110 from his front side pocket. Thereafter said culprits threatened the complainant not to raise cry otherwise, they would shoot him and ran away towards main Gizri Road. In the meanwhile said complainant saw a police mobile and he stopped the said police mobile. Said complainant informed the police officer Asif Jameel Qureshi about the incident. Therefore, police alongwith complainant chased the accused and saw the said culprits alongwith said woman, who were pointed out to the said police officer by the complainant. Said culprits on seeing the police mobile started running but they were encircled by the police party and ultimately they were apprehended. From the possession of an accused having small beard, robbed mobile phone and purse were recovered. On enquiry, they disclosed their names as Bakht Buland s/o Zareen Khan, Hameedullah s/o Qalander Khan (applicant/ accused), Inayatur Rehman s/o Qalander Khan and Somi Khan d/o Zareen Khan. From further search of accused Bakht Buland one TT pistol alongwith two live rounds loaded magazine from his right side of fold of Shalwar was recovered. From accused Hameedullah one T.T Pistol with three round loaded magazine was recovered from right side of fold of Shalwar and from Inayatur Rehman T.T pistol with four rounds loaded magazine recovered from his left side of fold of Shalwar. On query from Police officer Asif culprits could not produce the licenses of the T.T Pistols. As such said recovered pistols were sealed by police officer Asif and robbed property were taken into custody. Thereafter accused and property were brought at P.S where said complainant lodged this FIR.

Mr. Shaikh Khalil-ur-Rehman learned counsel for the applicant/ accused argued that the accused/ applicant has been falsely implicated in the present crime. He further argued that no allegation has been leveled against him and further that nothing has been robbed by the applicant/ accused and no robbed articles have been recovered from the possession of the applicant/ accused and that there is no eye witness of the incident. He also argued that the police violated the mandatory provisions of section 103 Cr.P.C. He further argued that female co-accused has already been granted bail by the learned Trial Court, therefore he prayed that applicant/ accused may also be enlarged on bail.

On the other hand Mr. Mohammad Iqbal Awan learned A.P.G has vehemently opposed the grant of bail to the applicant/ accused on the ground that they were arrested promptly after the incident and recovery of pistol was effected from him.

I have gone through the material placed before me and have also given my anxious consideration to the arguments advanced by both the learned counsels. From perusal of the record, it is observed that immediately after snatching mobile and money from the informant, the accused went away, but in the meantime, police mobile came at the place of incident and on the narration of incident by the informant they went behind the accused, who were apprehended by the police party and recovery of T.T pistol alongwith live rounds with loaded magazine was also effected from the possession of the applicant/ accused and further that no enmity has been attributed by the applicant/ accused against the police or the informant. However, argument as regard non-compliance of the provisions of section 103 Cr.P.C is concerned, it could not hold good because the recovery was not effected from a building but was effected from the accused on the roadside at about 11:55 PM (night) when they immediately after commission of the alleged incident were going towards Gizri. However, it is well settled that evidence by policemen could not be discarded until and unless it was found that they had given evidence due to some malafide. There are numerous authorities on this point. However, I refer to 1976 SCMR 72; 1986 P.Cr.L.J. 249, PLD 1981 S.C 635; 1982 P.Cr.L.J 543.

The street crime i.e snatching of mobile phones is rising day by day and people like accused for a very petty amount take lives of innocent persons upon resistance and such type of accused have to be dealt with iron hands by the police as well as by the Courts so that in future they would not dare to commit such type of offence.

From the facts and circumstances discussed above, I am of the considered opinion that no case for grant of bail is made out at this stage. I, therefore, reject this bail application.

Observations made herein above are tentative in nature and the Trial Court should not be influenced by it. The Trial Court should decide the case on merits on the basis of evidence, which comes on record.

Judge