1. ' BIN YAMIN, J.---This order will dispose of bail application made on behalf of the applicant/accused, Hamood-urRehman son of Habib-ur-Rehman, who is detained in case F.I.R.
2. No,178 of 2008, registered under sections 324/395/353/34, P.P.C. At Police Station Gulistan-e- Jauhar.
3. ' Brief facts of the case are that on 19-4-2008, complainant Dilawar khan, lodged F.I.R. At the aforesaid police station, stating therein that he is residing on the given address and is working as Estate Agent. That on that day while he was sitting on his this Estate Agency at about 4-00 p.m., he received information from his house that the robbers have entered into his house and have confined the family members in a room. On receipt of above-noted information, he informed Police Station Gulistan-e-Jauhar about the incident. It is further stated that on receipt of information, the police party headed by A.S-I. Muhammad Khalid came at his house. On seeing the police party, the applicant/accused's companions who were standing at the gate of the house, while making firing upon the police party succeeded in running away. Thereafter, after exchange of firing in between the police party and the accused/robbers, who were available inside the house, the police party succeeded in arresting three accused. On inquiry, they gave their names (namely) Akhtar Hussain, Sher Ali and applicant/ accused Hamood-ur-Rehman. All the three were armed with .30 bore pistols. Some robbed property was also recovered from the possession of accused Akhtar Hussain.
4. The accused were taken into custody and brought at police station where this case was registered against applicant/accused and others.
5. ' Since the time of his arrest in this case, applicant/accused is in custody.
6. ' Earlier bail application of applicant/accused was rejected by Vth Additional Sessions Judge, Karachi East on 16-5-2008. Hence this bail application.
7. ' Heard learned counsel for applicant/accused and learned Additional Prosecutor-General as well as perused the case papers.
8. ' Learned counsel for applicant/ accused contended that he is innocent and has falsely been implicated in this case. He further contended that it is quite strange that the applicant/accused received information about the incident at 4-00 p.m. He informed the police at the same time and thereafter, police left police station for the place of incident at 4-00 p.m. That it does not appeal to the common sense that all the acts were taken at one and the same time. That this aspect of the case requires further inquiry. He secondly submitted that there is allegation that for quite long time, exchange of firing in between the accused and police party took place, it is strange enough that nobody from any side sustained injury. This aspect of the case also requires further inquiry. That the applicant/ accused is behind the bars and is no more required by the police for investigation purposes, therefore, this bail application may be allowed and he may be released on bail.
9. ' Learned Additional Prosecutor-General has strongly opposed this bail application and submitted that for the purpose of grant of bail or otherwise, the Court has only to see as to whether there are reasonable grounds to believe that accused is guilty of the alleged offence. That there is nothing on the record to show that complainant has any motive or reasons to falsely implicate the applicant/accused and his companions in this case. Furthermore, the applicant/accused was arrested on the spot in pursuance of information about the incident given by the complainant, when he was found duly armed with .30 bore pistol. That nothing is available to show any justification for the applicant/accused to enter into the house of the complainant at the time of this incident. That the applicant/accused was arrested red-handed on the spot and .30 bore pistol was secured from his possession. That all these facts lead to the irresistible conclusion, that prima facie, a case is made out by the prosecution against the applicant/ accused and that the applicant/ accused is, at this stage, not entitled to the concession of bail. He, therefore, requests for rejection of bail application.
10. ' I have considered the contentions raised at bar and have gone through the material available on record. Nothing is available on the record to show that complainant has any reason to falsely implicate the applicant/accused with the commission of this offence. Furthermore, the applicant/accused along with his companions was arrested on the spot and he was found duly, armed with .30 bore pistol. Such type of the incident take place off and on in the city, therefore, the applicant/accused is not entitled to the concession of bail on technical ground. No case for grant of bail to the applicant/ accused has been made out, therefore, finding no merits in this bail application, I hereby reject the same.
11. ' Bail application stands disposed of.