ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

 

Crl. Bail Application No.274 of 2010

    Date                              Order with signature of the Judge

 

For hearing.

--------------

 
Dated: 1st April 2010

 

Mr. Shamraiz Khan Tanoli, Advocate for Applicant.

 

Ms. Rahat Ahsan, Deputy Prosecutor General, Sindh.

 

                             ---------------

            Through this application the applicant Muhammad Qasim seeks bail in Crime No.557/2009 for the offence under Sections 392/34, PPC of Police Stgation Orangi Town, Karachi.

            The allegation against the applicant is that he has snatched Nokia mobile phone from one passenger and then attempted to escape from the bus. Thereafter, he was apprehended by the people of the locality.

            Learned counsel for the applicant/accused submits that there is no statement of victim who was actually robbed and neither he is complainant nor eyewitness of the incident, therefore, the case will rest on the evidence of a third person. He further submits that the alleged offence will not fall within the prohibitory clause of Section 497, Cr.P.C. and the challan in the case has been submitted before the Court and the applicant/accused is no more required to the prosecution for any person and his further remaining in jail will not serve any purpose of harassing with the prosecution.

            Learned DPG has opposed the grant of bail on the ground that the applicant/accused was apprehended at the spot and the robbed mobile phone was recovered from him and that there is evidence against the applicant/accused, therefore, he is not entitled for the concession of bail.

            I have heard the learned counsel for respective parties and perused the record of this case.

The position which emerges is that there is no statement of the victim involving the present applicant/accused with the commission of present crime and the case of the prosecution will rest on the other eyewitnesses and witnesses of recovery, therefore, the case of the applicant/accused will require further inquiry. Moreover, the alleged offence will not fall within the prohibitory clause of Section 497, Cr.P.C. and further remaining in jail of the applicant/accused will not serve any purpose of harassing with the prosecution.

In view of the above position, this bail plea is accepted. The applicant/accused shall be released upon furnishing solvent surety in the sum of Rs.100,000/- (Rupees One Lac) with P.R. bond in the like amount to the satisfaction of the trial Court.

This bail application stands disposed of accordingly. 

 

JUDGE