' MRS. YASMIN ABBASEY, J.---Case of prosecution is that on 6-5-2006, 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.7,00,000 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 names of this applicant or the other culprits have not been specifically names in the F.I.R. He further contended that the present F.I.R. Is outcome 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 F.I.R. No.67 of 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 it is not clear that whether it was prepared in F.I.R. No. 67 of 2005 or in the present case. The point in question involved in the matter of robbery requires evidence.
Out of eleven witnesses only three had shown to have been examined. Hence no material facts have been brought on record against the applicant at this stage.
3. Under these circumstances the applicant who is behind the bars 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 of the Nazir of Trial Court.