1. ' ZIA PERWEZ, J.--- Through this application applicant seeks bail in the offence under section 392/34, P.P.C. Registered at Police Station Preedy under F.T.R. No,176 of 2007.
2. ' Brief facts of the prosecution case are that the complainant lodged report at police station alleging therein that on 27-4-2007 near Gelokodiz Dry Clearners, D. Krooz Lane while he received a call, a boy came and on pistol point took his mobile phone. The complainant further alleged that his another accomplice was standing at a distance of 4/5 paces and they both went on foot towards C.I.A. Saddar.
3. ' Contention of learned counsel for the applicant is that applicant is not nominated in the F.I.R. So also the physical features are not mentioned in the F.I.R. That there is no witness ofthe incident though the area is thickly-populated area. That no identification parade took place before the Magistrate. That the applicant is neither a previous convict nor was ever involved in any other case.
4. In support of his contention he has placed reliance on the case of Muhammad Suleman v. Riasat Ali 2002 SCM R 1304.
5. ' On the other hand learned State Counsel has opposed the application. He contended that the applicant was arrested while in possession of the mobile. The applicant was identified by the complainant. However, he admitted that there is no previous conviction or involvement of applicant in any offence.
6. I have heard the learned counsel and perused the material available on record. The applicant has not been arrested from the place of incident. No independent witness is cited as witness. The applicant was not put to identification parade before the Magistrate, despite the fact that the complainant has categorically stated that he can identify the culprit on seeing. The case of Muhammad Suleman (supra) is thus, attracted to the present application. Accordingly,, the application is allowed and applicant is admitted to bail subject to his furnishing surety in the sum of Rs,1,00,000 (Rupees one lac) with P.R. Bond in the like amount to the satisfaction of the learned trial Court.