' SALMAN ANSARI, J.---This bail application has been moved on behalf of applicant/accused Najeebullah. According to the statement of complainant incorporated with the F.I.R. The facts of the case are that on 23-9-2008 at about 2-00 a.m. While the complainant was going to his home at railway Phatak two young boys armed with revolver and dagger took Rs,600 from his pocket on gun-point. On commotion raised by the complainant people gathered, they called police at 15 Madadgar. The Police managed to apprehend the accused on the spot and recovered Rs,600 and .30 bore T.T. Pistol containing two live bullets from applicant and from his accomplice accused Abdullah recovered a dagger, after that a case under section 392/34, P.P.C. Has been registered at police station Mithadar.
2. Learned trial Court rejected the bail application of applicant vide order dated 1-12-2008.
3. Learned counsel for applicants has contended that no witness has been associated from the public at large and the applicant has not been caught on the spot. He has further contended that it is a case of misidentify, nothing was recovered from the applicant and the recovery, if any, has been foisted upon the applicant as he has been implicated in the case falsely. The dagger shown in the mashirnama actually is a knife and considering the fact that it was the night time, hence applicant may be released on bail who is a young person and there is no likelihood that trial may be concluded in near future. Learned Additional Prosecutor-General has vehemently opposed the bail application as according to him the applicant has been caught on the spot. These kind of the incidents have made the life of people miserable by putting the ordinary person in grave danger.
4. Having heard the arguments in this matter, the applicant who has been apprehended on the spot and recovery was effected from the applicant, hence, prima facie, the case against, applicant has been made out under section 392/34, P.P.C. Which is not bailable. Accordingly, I reject this bail application.