1. ' MRS. YASMIN ABBASEY, J.---Applicant Mohsin Raza son of Aijaz Hussain who has been challaned under section 392, P.P.C. Has moved this bail application.
2. ' Case of prosecution is that on 13-1-2007 when complainant was in his house along with his family members four persons entered therein and on gun-point had robbed certain articles as has been mentioned in the F.I.R. According to complainant one Nasir had given him the number of vehicle as ALW-178 wherein accused persons came to commit robbery. It is stated that thereafter complainant along with Nasir and other persons went to search the accused and they found a Car bearing No,ALW-178 near a patrol pump, one person was also standing there who was identified as one of the culprits. He was caught hold by the complainant with the help of mohallah persons who disclosed his name as Mohsin Raza and one of his companion as Jano. Emergency light and one dupatta were recovered from that car.
3. ' It is argued by learned counsel that applicant has falsely been implicated in the matter. He was just standing at the patrol pump near the car in which recovery has taken place. Nothing was recovered from his possession. Just on presumption the applicant has been implicated in the matter without any cogent reason.
4. ' Learned counsel for the State has opposed this bail application but has failed to clarify that when according to prosecution's own case recovery had taken" place from the Car bearing No, ALW-178 why the same was not taken in custody as case property. He also fails to justify that how recovery from a car can be said to be recovery from possession of this applicant when admittedly he was not sitting in the car nor it is case of prosecution that car belonged to him.
5. ' Learned counsel for the Applicant has further pointed out that in spite of naming of one of his companion as Janu he has not been challaned in the matter.
6. ' In view of foregoing reasons when no direct evidence at the moment is coming on record, no recovery is shown from the possession of applicant, 'vehicle from which case property is shown to have been recovered not taken in custody nor is shown in challan as case property. I found that it is a case of further enquiry, hence applicant isallowed to be released on bail subject to furnishing surety in the sum of Rs,100,000 and P.R. Bond in like amount to the satisfaction of learned Trial Court. .