1. ' RAHMAT HUSSAIN JAFFERI, J.--- (1) Granted subject to all just exceptions.
2. The bail application has been filed in the case of robbery of cash, mobile cards, calling cards, batteries of mobile phone committed by two unknown persons from the shop of complainant Hardesh Kumar situated in Gulshan Hadeed, Karachi on 24-4-2005 at about 12-15 a.m. The complainant lodged the report on the same date at 2-05 a.m. The police arrested the applicant on 3-5-2005. The applicant led the police and produced some mobile cards before them. After completing the investigation the applicant was challaned in the Court. He moved bail application before the trial Court but the same was dismissed, hence the present application.
2. ' I have heard the Advocate for the applicant, State Counsel and perused the record of this case very carefully.
3. ' It is an admitted position that two unidentified persons committed the robbery. After arrest of the applicant no identification test of the applicant has been made before the Magistrate through the complainant and P.Ws. To identify the applicant to be the culprit who committed the robbery. The learned State Counsel has frankly conceded that the only piece of evidence against the applicant is of recovery of mobile cards which the applicant had produced before the police. The prosecution is required to connect these cards with the crime. As such, the same cards should have been put to identification test through the complainant and if the complainant had identified the same then the same could have been used as a piece of evidence against the applicant.
4. ' As the proper identification of the cards has not been made in this case, at this stage and there is no other evidence connecting the applicant with the commission of this crime therefore, his case falls under subsection (2) of section 497, Cr.P.C. As such, he is entitled to the concession of bail.
5. ' In the circumstances of the case bail is granted to the applicant in the sum of Rs,75,000 on furnishing solvent surety with P.R. Bond in the like amount to the satisfaction of trial Court. The application is allowed.