1. ' FARRUKH ZIA G. SHAIKH, J.--- Applicant Abdul Sattar alias Papoo son of Malhar by caste Phulpoto has filed this application under sections 497/498, Cr.P.C. Seeking post arrest bail, who is involved in F.I.R Crime No,61 of 2007 registered at Police Station, Kotdiji for an offence under section 17/3 Enforcement of Hudood Ordinance.
2. ' Succinctly, the facts are that the case was initiated on an F.I.R lodged at the instance of complainant Wajid Ali son of Muhammad Bux Lashari on 7-5-2007 stating therein that on the day of report, he along with his other inmates of the house, was available in the house and heard the sound of a motorcycle outside the house and at once two persons with open faces, out of them one was armed with Pistol and another was empty handed entered into the house and held the pistol over the complainant and controlled him. Accused demanded from the complainant the keys of the safe, which were not available with him, ultimately they broke the door of the safe and took golden set, mobile set and cash and threatened the complainant party not to come near them. Complainant party raised cries, on which, his relative Aijaz Ali and neighbourer Inam Ali came running, they also saw the accused while taking away robbed property. Thereafter, both the accused went towards north on their motorcycle. Hence the F.I.R was lodged against two unknown persons. Later on accused were arrested in the present case and such identification parade was held on 31-1-2008, in which, both the accused were identified by the complainant and P. Ws.
3. ' Mr. Ellahi Bux Jamali, learned counsel appearing on behalf of the applicant has contended that the applicant is innocent and has been falsely involved in this case; that neither the name nor description or features of the applicant, are mentioned in the F.I.R.; that the allegations levelled against unknown persons, are general in nature. Further submitted that this is a fit case for grant of bail calling for further enquiry.
4. ' Mr. Agha Ather Hussain, learned Assistant Advocate-General Sindh appearing for the State has vehemently opposed to the grant of bail on the ground that after the arrest, the applicant and co- accused Abdul Rasheed had been identified by complainant and P. Ws. In an identification parade having been supervised by the Judicial Magistrate, Kotdiji on 31-1-2008.
5. ' I have heard the arguments of Mr. Illahi Bux Jamali, learned counsel appearing on behalf of the applicant and Mr. Agha Ather Hussain, learned Assistant Advocate-General appearing on behalf of the State and with their assistance I have also scanned material available on record very carefully.
6. ' Admittedly, the role assigned to the present applicant, is similar to that of co-accused Abdul Rasheed, whose bail application has already been dismissed by the learned trial Court as well as by this Court on merits. The learned counsel appearing for the applicant, has not been able to differentiate the case of present applicant with the case of said co-accused as such case against the applicant, does not fall within the ambit of subsection (2) of section 497, Cr.P.C.
7. ' Accordingly, I see no merits in this bail application and dismiss the same.