' ZIA PERWEZ, J.---Applicants Ghulam Hussain and Hussain Ali are facing trial for an offence under section 395, P.P.C. Registered under F.I.R. No,90/2007 of P.S. Steel Town, Karachi, seek bail..
2. Brief facts of the prosecution case are that on 25-5-2007 at 2330 hours, one Zar Khan (Broker) called one Muhammad Asad Malik on telephone that 8 imported Generators which were loaded on Truck No,RIN 4416 from Port Qasim and were made proceed to Lahore. The said truck was intercepted at about 2332 hours near _P.S. Farm Link Road, Steel Town, by another truck out of the said truck 5 muffled persons got down, two were armed with T.T. Pistols, they got down driver and cleaner from the truck and they took truck towards super highway together with cash of Rs,25,000 lying in the truck.
3. Heard the learned counsel and perused the record. Contention of Mr. Raza Hashmi, learned counsel for the applicant, is that the applicant is bona fide trader. He has purchased goods from a broker against valid receipt and due payment made through cheque. He is not involved in the commission of any offence nor nominated in the F.I.R., which is lodged with delay. He is not owner of the godown from where the recovery has been effected. There is nothing on record to connect,the applicants with the commission of offence. He has contended that the section 411 P.P.C. Is attracting which is only punishable up to three years and applicants should be enlarged on bail. He has relied upon the cases of Atta Muhammad v. The State (2004 PCr.LJ 1431), Tasawar Ali v. The State (2004 PCr.LJ 1433) and Shehzore and another v. The State (2006 YLR 3167).
4. The application is opposed by Mr. Agha Zafir, learned State counsel. He states that the recovery has been effected from the possession of the applicants. The new generators have been sold at throughway prices which goes to show that the parties were dealing in stolen property, therefore, the broker were dealing with such property and under the circumstances he is equally liable. He has further contended that highway robberies are being carried on by an organized gang. He has relied upon the cases of Guddu alias Zulfiqar v. The State 2000 PCr.LJ 1212, Mst. Parveen Akhtar v.
'The State (2002 SCM R 1886) and Sher Dil Khoso v. The State (2000 PCr.LJ 174$).
5. That recovery has been effected after the applicants claimed their ownership and possession with the goods on the ground of 'payment, which is stated to be significantly below the actual price for such new goods. The broker dealing with stolen property or the fact of payment against such goods through cheque would not alter the position as to offence. Bail was denied in the case of Guddu alias Zulfiqar v. The State (2000 PCr.LJ .1212). The delay in lodging the FIR: is duly explained as the information was received after release of the driver. The case-law cited by the learned counsel for the applicants is distinguishable. There is sufficient material on record showing recovery of stolen property comprising of 8 generators from possession of accused Ghulam Hussain for which the co-accused acted as broker to sell the robbed goods connecting the present applicants with commission of instant offence.
6. For the foregoing reason, the bail application is dismissed.