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2008 P Cr. L J 76

MUHAMMAD ALAM vs THE STATE

Citation2008 P Cr. L J 76
CourtSindh High Court
Case No.Criminal Bail Application No,883 of 2007
Date2007-10-10
Judge(s)Qaiser Iqbal
ResultBail granted

ORDER

1. ' MRS. QAISER IQBAL, J.--- Applicant Muhammad Alam has applied for post-arrest bail in Crime No,88 of 2007 under section 392/34, P.P.C. Registered at Police Station Saud Abad.

2. ' The allegations contained in. The First Information Report are that complainant Akhtar Masood Gil lodged report that he along with his friend Faizan and Jones were chatting in Millat Garden behind Al Johar Grammar School, a car approached the scene of occurrence boarded by two persons, on show of force culprits searched the complainant robbed his purse containing cash along with original N.I.C. And YMCA card from Faizan and Jones cash along with other articles were surreptitiously robbed, in the meanwhile police mobile hailing from Saudabad Police Station reached at the place of occurrence arrested the applicant, secured complainant's purse and other articles along with .32 bore revolver. Report was lodged to connect the applicant in the commission of the crime.

3. ' Learned counsel contends that the applicant has lent money to the complainant, on demand refused to return the same and threatened to involve him in false litigation. This factum was brought to the notice of Police Station Saudabad through a written complaint dated 24th May, 2007 which manifestly suggest that first Information report has been manipulated as no such incident had taken place, investigation has completed. Challan has been submitted before the competent Court of law.

4. ' Learned State counsel has opposed the bail application on the premises that applicant was caught red-handed, recovery of the robbed property was effected from his possession therefore, the applicant is not entitled to the concession of bail.

5. I have taken into consideration respective arguments advanced by the learned counsel for the parties. There appears to be a previous litigation between the applicant and the respondent which caused doubt in the credential of the complainant and witnesses. It is well-settled that while considering bail matter of accused involved in an offence which does not fall within the prohibitory clause of section 497, Cr.P.C. Court must proceed to release the accused if sufficient grounds were available for further inquiry into his guilt. In the above view I am fortified from the dictum laid down in the cases reported as 1973 PCr.LJ 125, 2006 PCr.LJ 1628 (Karachi) and 2007 YLR 1144 (Karachi).

6. ' Having regards to the above facts and circumstances, the applicant Muhammad Alam is admitted on bail subject to furnishing solvent surety in a sum of Rs,1,00,000 (Rupees one lac only) and P.R. Bond in the like amount to the satisfaction of the trial Court.

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