1. ' KHAWAJA NAVEED AHMED, J.---This application has been moved on behalf of accused Naveed son of Baboo, who was arrested red-handed on the spot along with pistol while committing robbery in the bus, which was passing through Mauripur Road.
2. ' Brief facts of the case narrated in the F.I.R. No,181 of 2007, Police Station Kalri, Karachi lodged by one Muhammad Shiraz son of Gulzar Ahmed are that on 7-8-2007 after finishing his duty he had boarded a bus along with other passengers from Agra Taj Colony Bus Stop. When Bus reached at Mauripur Road three Baloch boys entered in the bus from the front door, while two boys from the back door of the bus. Upon entering into bus they immediately took out their pistols from their pockets and warned everybody in the bus not to move from their place and hand over to them all their belongings. They further ordered to the bus driver to move slowly. One of the culprits stood on the back door of the vehicle. While another started recovering articles from the passengers. There was a brave man travelling in the said bus. He resisted Where upon the accused persons took out their pistols and asked driver to stop the bus. In the meantime the said person who was also having a revolver with him fired upon one of the dacoit in order to save all the passengers. The bullet fired by that person had hit in the chest of one of the robbers, who had died on the spot. The bus driver continued to drive the bus. In the meantime police mobile came, the complainant had stopped the police mobile and informed the incident to A.S.I. Inayatullah Khattak. The said A.S.I. Had arrested two accused persons, who were trying to take away the dead body of their one companion. Names of arrested persons were Abdul Karim and Naveed. Their personal search was taken by A.S.I. Inayatullah Khattak in presence of the complainant and other witnesses from possession of Abdul Karim Baloch one pistol .30 bore was recovered from the fold of his Shalwar while from Applicant Naveed one .30 bore pistol with magazine loaded with three live bullets was recovered. The deceased robber also had one .30 bore pistol with loaded magazine on his person.
3. ' Both the accused were arrested and brought to the police station. Challan was submitted against them. A bail Application was moved in the Court of learned Sessions Judge, Karachi South, which was transferred to the Court of learned II Additional District and Sessions Judge, Karachi South.. The learned A.D.J. Had rejected the bail application vide order dated 27-10-2007. Thereafter the present bail application has been filed before this Court.
4. ' The learned Advocate Mr. Amjad Ali has argued that the number of the bus has not been given in the F.I.R., name of the brave man has not been given and name of the Coach services has also not been given in the F.I.R. He has further argued that if firing was made in the bus why anybody else was not injured. While arguing his bail application he has relied upon the following case-laws:-- ' 1997 PCr.LJ pages 761, 739 and 704, 1999 PCr.LJ page 308, 1999 PCr.LJ Pesh. Pages 506 and 935, 2006 PCr.LJ Kar. 1033, 1999 PCr.LJ Kar. 283, 2001 PCr.LJ Kar. 1431, 1999 PCr.LJ Kar. 506, 2002 PCr.LJ 147.
5. ' The main arguments of the learned counsel are that no specific role has been assigned to the applicant. The alleged recovered weapon was not sent to the Ballistic Expert. The accused has not committed any offence. Compliance of provision of 103, Cr.P.C. Has not been made. The recovery made from the accused does not link him with the alleged offence and case does not fall under prohibitory clause of section 497 subsection (1) of Cr.P.C. He says subsequent addition of section 397, P.P.C. In the challan is wrong as the alleged offence does not fall under section 397. His last argument is that the alleged offence is punishable with seven years imprisonment only and bail should be granted.
6. ' Haji Abdul -Majeed, the learned State counsel has vehemently opposed this bail application and has stated that there cannot be a better case for prosecution than the one in hand. He states that in the present case the culprits have been arrested on the spot along with the dead body of one of the dacoit. Incriminating articles i,e, weapon loaded with bullets and magazines were recovered from the accused persons. Eye-witnesses were available on the spot and accused were arrested in presence of the eye-witnesses and seizure were made on the spot.
7. ' The case-law submitted by the learned counsel for the applicant is totally different from the facts of the present case and is not applicable in the instant case.
8. ' I am in full agreement with the learned State counsel Haji Abdul Majeed. The offence of dacoity, robbery and street crimes are increasing day by day. Most of the cases are blind cases and culprits are not caught red-handed and in some cases if they are subsequently caught neither the recovery is made nor the eye-witness come forward to identify those persons due to fear of those persons. Present case is very bright case for prosecution in which not only the culprits were caught red-handed on the spot, but eye-witnesses have also cooperated with the police in recording their statements. Recoveries were made on the spot. The dead body of one of the dacoit was removed by the police. The arrest of such people on the spot will give confidence to the people in the working of law enforcement agencies. I am of the opinion that in such cases the Courts should encourage witnesses, complainants, police and prosecution agency, who after putting their lives in danger hold the culprits and bring them to justice.
9. ' With above observations I reject this bail application as no case for grant of bail is made out at this stage. The learned counsel for the applicant has requested that the trial Court may be directed to proceed with the case expeditiously. Trial Court is directed to record the evidence of eye- witnesses within three months from the date of receipt of this order.