1. ' FARRUKH ZIA G. SHAIKH, J.---Applicant Riazat son of Ali Bakhsh by caste Hasbani has filed this application under section 497, Cr.P.C. Seeking post-arrest bail, who is required in F.I.R. Crime' No,15 of 2007 registered at Police Station, Kandiaro for an offence under section 17/1 EHO, 324, 353, 34, P.P.C. And 13(d) Arms Ordinance.
2. ' In brief the facts are that the case was initiated on an F.I.R. Lodged at the instance of complainant Habibullah on 17-2-2006 stating therein that he along with his son, are running Show Room of Tractors at National High way Road. It is alleged that on 17-2-2006 complainant closed the Show Room thereafter he, his son Abdul Muqeem and nephew Wazir Hussain proceeded towards their village on a CD-Motorcycle, and when at about 1930 hours they reached near the house of Abdul Qayoom Memon, they were encircled by three persons from front side and tried to rob the Motorcycle. Abdul Muqeem grappled one culprit and fell down, on which, one robber made direct fire upon him, which hit him on his right hand, thereafter the culprits succeeded in running away towards Railway Line. The Complainant party raised cries which attracted Wajid Ali, Rafiq Ahmed, Hishmat and others then they all went behind the culprits A.S-I. Allah Wadhayo Mahesar along with his subordinate staff reached there on seeing them, the culprits started encounter with them and one accused was arrested along with pistol whereas other accused succeeded in running away by taking the advantage of wheat crop. On enquiry, the accused disclosed his name to be R,iazat (Applicant) and in respect of other accused, who escaped away, he disclosed that they were Mansoor by caste Lashari and another was friend of Mansoor whom he did not identify. Thereafter injured Muqeem was taken to Hospital; hence the F.I.R. Was lodged.
3. 'Mr. Muhammad Imran Shamsi, learned Counsel appearing on behalf of the applicant has argued that the applicant has falsely been implicated in the present case in collusion with police and at the instance of complainant. He has further argued that neither the applicant has made attempt to rob the son of complainant nor recovery of .30 bore pistol is made from his possession, which is foisted upon him. In the last, he has submitted that the P. Ws. Are interested and have implicated the present applicant by deposing against him falsely, who is in Jail since about three years and is facing hardship, therefore, the applicant may be enlarged on bail.
4. ' Mr. Muhammad Iqbal Mahar, learned Assistant Advocate-General Sindh appearing on behalf of the State, has vehemently opposed to the grant of bail on the ground that the name of the present applicant, transpires in the F.I.R; that applicant is apprehended at the spot; that son of Complainant, has resisted accused in order to save the Motorcycle, which has resulted in injury to his son and at that time the applicant was duly armed with TT pistol, which is recovered from his possession. Lastly, he has submitted that the applicant is not entitled for bail as his case falls within the prohibitory clause of section 497 (1), Cr.P.C.
5. ' I have heard the arguments of Mr. Muhammad Imran Shamsi, learned counsel appearing for the applicant and Mr. Muhammad Iqbal Mahar, learned Assistant Advocate-General Sindh appearing for the State at length and with their assistance, I have also scanned the material available on the record very carefully.
6. ' According to the contents of the F.I.R, the allegation levelled against the present applicant, is that, he in company of other accused attempted to commit robbery from the complainant and his son Muqeem and in order to save Motorcycle, son of complainant resisted to accused, which has resulted in receiving injury to his son and at that time the present applicant was armed with TT Pistol and was apprehended at the spot and pistol was recovered from his possession.
7. ' Consequently, no case for bail is made out. I dismiss the bail application.