1. Case of prosecution is that on 3.5.2006 it was reported by driver of Al-Shafiq Goods Company that after encashment of Rs, 7,40,000/-from M.C.B. Hawksbay Road, Truck Adda from the account of Al- Shafiq Goods Company when he reached near Gate No, 6 of Al-Shafiq Goods Company two persons after getting down from one white car came to him and on gun point snatched Rs, 700,000/- whereas the amount of Rs, 40,000/- which was lying in the pocket of Shalwar of the complainant was saved.
2. It is argued by learned counsel for the applicant that name of this applicant or the other culprits have not been specifically named in the FIR. He further contended that the present FIR is out come of enmity in between this applicant and the complainant as appearing from the record and Section 103 Cr.P.C. had not been complied with. He further pointed out that applicant in a case under FIR No, 67/2005 wherein this applicant was arrested on a charge under Section 13-D of Arms Ordinance had been acquitted vide judgment dated 25.11.2005. Even otherwise, from the mashirnama as placed on record is not clear that whether it was prepared in FIR No, 67/2005 of in the present case. The point in question involved in the matter of robbery requires evidence. Out of eleven witnesses only three are shown to have been examined. Hence no material facts have been brought on record against the applicant at this state.
3. Under these circumstances the applicant who is behind the bar since 2005 is allowed to be released on bail subject to furnishing surety in the sum of Rs, 5,00,000/- with P.R. Bond in the like amount to the satisfaction or the Nazir of Trial Court.