1. ' GHULAM DASTAGIR A. SHAHANI, J.--- Bail application is submitted on behalf of the applicant/accused namely Abdul Qadir alias Baboo son of 'Muhammad Saddique in Crime No,292 of 2008 registered at Police Station North Nazimabad under section 392/34, P.P.C.
2. ' Brief facts of the case are that on 28-5-2008 complainant along with her son Ahsan Ahmed Shamsi and her husband by car went to Standard Chartered Bank, Block-H, North Nazimabad, Karachi to draw the amount and got encashed of Rs,1,50,000 from the Bank and that time found one person in suspicious condition, whose name learnt as Abdul Qadir alias Baboo son of Muhammad Siddique who saw them by drawing the amount from Bank, when they were going to home and reached at K.D.A. Chowrangi Block-A, Sher Shah Sori Road, North Nazimabad Karachi her son parked the vehicle on side to attend the call on mobile phone, in the meanwhile one motorcycle number not known, after coming stopped in front of the car, the present person was driving the motorcycle, while on his back bearding person, whose name disclosed Abdul Qadir alias Baboo Shahzad, after alighting from motorcycle came to them and pointed pistol and said them to hand over the amount, which they brought from Standard Chartered Bank, whereupon her husband due to fear of arms gave bundle of one lac which bears the seal of Standard Chartered Bank to the accused persons, upon which accused person said that to hand over Rs,50,000 on which pin is fixed, as such said amount was also handed over to them, while snatched plastic coated colour photocopy of C.N.I.C. Of her husband and mobile phone Nokia model BGB/N96, both the accused persons fled away on their motorcycle. Information of this incident was given at Police Station North Nazimabad and with the help of close circuit camera identified the accused Abdul Qadir by watching his photo. On 2-6-2008 when she along with her son and husband in their car were going in front of same bank at about 1550 hours they found same accused Abdul Qadir alias Baboo along with his two companions whose names he disclosed as Shahzad and Zafar. They immediately gave information at Police Station Nazimabad and S.-I. Muhammad Razzaque along with police party arrived by private vehicle and on their pointation apprehended the accused Abdul Qadir, whereas his two companions fled away on motorcycle. Bail application moved before trial Court, but same was rejected vide order, dated 22-9-2008. Hence present application.
3. ' Learned counsel for the applicant submits that applicant/accused is innocent and has been falsely implicated. He further states that lodging of F.I.R., after five days is not properly explained, therefore, matter requires further inquiry. He also states that there are material contradictions with regard to the arrest and lodging of F.I.R., he therefore, submits that punishment prescribed is not less than three years nor more than ten years, hence rule of lesser punishment is to be considered for grant of bail. Reliance is placed on cases of Bakhsho alias Bakhshal v. The State 2004 YLR 2238, Wasim Riaz v. The State 2004 PCr.LJ 668, Waris and 2 others v. The State 2000 PCr.LJ 642, Wazir and another v. The State 2001 PCr.LJ 1431, Fazal Ellahi and another v. The State 2004 SCM R 235 and Punhoon and 3 others v. The State 2000 PCr.LJ 986 but facts are not similar and identical to the case in hand, having different facts and will not help the applicant at this stage, as law relied upon is mostly on the ground of unexplained delay in recording of the F.I.R. And on a case where criminal petition for leave to appeal was converted into an appeal and accused was not put to identification parade nor name of the accused, his Hulia and features were disclosed, though in the present matter complainant has identified the accused on close circuit T.V. Installed inside Bank and named in the F.I.R.
4. ' On the other hand Ms. Farah Naz Qazi learned State Counsel opposed the grant of bail, on the ground that applicant/accused has been arrested on the pointation of complainant, recovery of amount, snatched copy of C.N.I.C. Of husband of complainant and .30 bore pistol has been recovered from the possession of accused and only delay in lodging of F.I.R. Is not a sufficient ground for grant of bail, therefore, applicant/ accused is not entitled for grant of bail. Reliance is placed by her in a case of Muhammad Sadiq v. Sadiq and others PLD 1985 SC 182.
5. ' Heard Mr. Abdul Razzak learned counsel for the applicant/ accused, as well as Ms. Farah Naz Qazi learned State Counsel and with their assistance perused the material available on record.
6. Admittedly amount worth Rs,one lack, copy of C.N.I.C. And .30 bore pistol have been recovered from the applicant/accused and was identified and arrested on the pointation of complainant, and only lodging of F.I.R. With delay is not sufficient for grant of bail. Crime No,282 of 2008 under section 392/34, P.P.C. With same police station of similar nature is already registered against the applicant.
7. Complainant has identified the accused on close circuit T.V. Installed in the bank. Even otherwise there is no reason to disbelieve the version of the complainant party at this stage, when no enmity is alleged against the complainant or police in respect of his false involvement. However, no deeper appreciation is required at bail stage and only tentative assessment is to be made according to which prima facie reasonable ground exists that applicant/ accused participated in the above crime and matter is not a case of further inquiry. Therefore, I did not find that applicant/accused is entitled for grant of bail and that was the reason that on 13-10-2008 by a short order application was dismissed.
8. ' The above observations are tentative in nature, trial Court may not influence of such observations.
9. However, trial Court is directed to conclude the trial within a period of six months from the date of receipt of this order under intimation to this Court.
10. ' With above observation Criminal Application No,1147 of 2008 is disposed of.