1. ' MRS. QAISAR IQBAL, J.--- Applicant Jawaid alias Builder son of Rahim Baloch has filed bail application under section 498/497, Cr.P.C., detained in Crime No,166 of 2005 under section 395/34 registered at Police Station Risala Karachi (South).
2. ' Precisely the facts leading to the prosecution case are that the complainant Muhammad Ajmal lodged report stating therein that he was working as Branch Manager with Messrs Pharmax Pakistan Pvt. Ltd., which has the medical store near main gate of Emergency Ward Civil Hospital, Karachi, and provide the emergency medicines to the ward patients. On 19-9-2005 at about 1119 hours he along with his colleagues was present in the shop when two unknown, could be recognized from the faces, came at the shop and gave prescription slip for medicines. Meanwhile, their companions 8-9 in number, demanded medicines immediately. On the complainant's refusal four boys out of the eight culprits came inside the shop including the applicant and surreptitiously removed the medicines from the shop. The matter was informed on 15 Madadgar Police and the report was lodged against the applicant and 8 accomplices for commission of the crime. The applicant was arrested on 28-9-2005 in the commission of the charged offence.
3. ' The learned counsel appearing for the applicant has contended that there are two versions of the incident as depicted in the first information report and other spelled out from the testimony of P.Ws.
4. Sajjad and Ratan, the star-witnesses of the prosecution. In the first version, the complainant has narrated that the applicant along with his companion had surreptitiously removed the medicines from the shop while the second version reflects that the applicant was in the habit of demanding money from the complainant and others, running business at the place of incident and on refusal of the complainant to pay the demanded money, the applicant, who was earlier known to the complainant, along with, his 8 companion, committed charged offence. It is urged that the recovery was effected after 14 days of the incident and 5 days after the arrest of the applicant from the tin of milk pack contained in the carton in the presence of the police constables. The recovery from the open space speaks in volume about the investigation conducted in the case. It is next urged that the co-accused Waqas and Shahid have been admitted on bail by the trial Court. The case of the present applicant is at par with the co-accused Shahid, therefore, on the principle of consistency the applicant is also entitled to the concession of bail.
5. ' The learned State Counsel has opposed the bail application on the premises that the P.W. Sajjad and Ratan in their statements under section 164, Cr.P.C. Have connected the applicant in the commission of the crime. The recovery was affected on the pointation of the applicant and the case of co-accused Waqas and Shahid is on different footing than that of the applicant, therefore, the applicant is not Entitled to the concession of bail.
6. ' I have considered the arguments advanced at bar. The perusal of the F.I.R. Shows that the applicant and co-accused were named in the commission of the dacoity in the complainant's shop but they have been challaned under sections 454/382/34, P.P.C. It is also emerged from the statement of complainant as well as statements of P.Ws. Sajjad and Ratan recorded under section 164, Cr.P.C. Before the Judicial Magistrate that there are two versions of the incident. It is yet to be resolved at the trial as to which one of the versions depicted in the case is correct. This issue cannot be resolved at this stage, therefore, the case of the applicant requires further enquiry. The applicant's bail application is granted. He is released on bail subject to furnishing solvent surety in the sum of Rs,1,00,000 and P.R. Bond in the like amount to the satisfaction of the trial Court.