1. The applicant is facing trial in the Court of IIIrd Additional Sessions Judge, Karachi-East for an offence under section 392, P.P.C. arising out of F.I.R. No,1096 of 2001 of P.S. ACL.
2. Brief facts of prosecution case are that on 8-8-2001, complainant. Adil Hussain Siddiqui was going on motorcycle and when reached at K.F.C. Fast Food near Tariq Road Liberty Chowk, two youngsters armed with T.T. Pistols came there and asked him to hand over the motorcycle to them.
3. The complainant gave certain descriptions of culprits in the F.I.R.
4. On 21st August, 2001, the accused was arrested ,and robbed motorcycle and a T.T. Pistol was recovered from his possession by the police.
5. After registration of F.I.R. the police up investigation and submitted the challan.
6. It is contended by the learned counsel for applicant that accused is in custody since 21-8-2001. The F.I.R. was registered after the alleged recovery was made. It is submitted that the case has not yet proceeded and applicant has been falsely implicated in this case. Hence he is entitled for bail.
7. Mr. Habibur Rashid learned counsel for State has opposed the bail plea of accused.
8. Perusal of record shows that motorcycle bearing Registration No,KAF-1225 make Honda C.D. 70 was robbed from complainant by two young boys on pistol point. Although, the F.I.R. of this case was registered after recovery of motorcycle from the possession of present applicant On 21-8-2001, but the complainant had no enmity with the accused to involve him in false case. Not only the robbed motorcycle was recovered from his possession tut. T.T. Pistol was also taken, from his possession.
9. Subsequently identification test was held and the present applicant was rightly picked up by the complainant. No doubt the case has not yet proceeded but case diaries have not been produced by the applicant. The offence with which accused is charged is covered by prohibitory clause of section 497(1), Cr.P.C. The case of applicant does not come under the scope of section 497(2), Cr.P.C. The bail is. declined.
10. However, the trial Court is directed to examine the Mashirs of recovery and complainant expeditiously and the defence would be at liberty to repeat its bail application after the aforesaid witnesses were examined.