ORDER SHEET
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ORDER WITH SIGNATURE OF JUDGE
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For hearing.
8.10.2007.
Mr. Makhdoom Ajaz Ahmed for applicant.
Ms. Shahida Jatoi State counsel.
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Applicant Shah Rukh S/O Shabbir Ahmed has applied for bail in Crime No. 121/2007 under Section 392 PPC registered at P.S. Gizri Karachi.
Succinctly the facts leading to the case are that complainant Murad Khan lodged at P.S. Gizri wherein a case was registered against the applicant, stating therein that the complainant while proceeding on official motorcycle provided to him being employee of DHA Vigilance Branch Authority, when reached at Khayaban-e-Rahat the applicant whose name was later known to him, on show of pistol snatched the motorcycle thereupon called upon the complainant to drive the motorcycle, proceeded towards Khayaban-e-Ittehad, Phase VII. On interception of police at Jamia Pullia, the applicant was arrested along with robbed motorcycle as well as pistol.
Learned counsel for the applicant has contended that ingredient of offence Section 392 PPC are not spelled out in the circumstances of the case as the complainant continued to drive motorcycle until on his interception police intervened and arrested the applicant. It is urged that at best case against the applicant falls within the purview of Section 393 PPC which is punishable up to seven years.
Ms. Shahida Jatoi learned State counsel has conceded to the above effect that the case at the best against the applicant would fall under section 393 PPC and the sentence provided is less than 10 years therefore applicant is entitled to concession of bail. This view I am fortified by the dictum laid down in PLD 1995 SC 34 and 1996 SCMR 979.
In view of the above discussion the applicant Shah Rukh S/O Shabbir Ahmed is admitted on bail subject to furnishing solvent surety in a sum of Rs. 50,000/- (Rupees fifty thousand only) and P.R. bond in the like amount to the satisfaction of the trial Court.
J U D G E