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2010 P Cr. L J 1680

ZAHID KHAN and another vs THE STATE

Citation2010 P Cr. L J 1680
CourtSindh High Court
Case No.Criminal Bail Application No,1479 of 2008
Date2009-01-28
Judge(s)Salman Ansari
ResultBail granted

ORDER

' SALMAN ANSARI, J.---This bail application has been moved on behalf of applicants/accused Zahid Khan and Anwar Deyar.

2. Brief facts of the case as narrated in the F.I.R. Are that on 3-12-2007 at 2050 hours when the complainant Shahzad Waseem as Selector in Pakistan Army, parked his car at Gulf Shopping Centre in the Parking Area and went along with his family into the market, when he returned back and tried to start the car four boys aged about 22/23 years with pistols forcibly snatched his car and Rs, 2000 and mobile phone from him. Subsequently, on 5-12-2007 the complainant was informed by the ACLC that his car has recovered, in his evidence he states that accused present in Court are the same who had snatched his car from him.

3. It is argued by the learned counsel for applicant/accused that complainant had failed to identify the applicants/accused hence the matter requires further enquiry as there are no other eye- witness to the incident. Learned Additional Prosecution-General appearing for the State has opposed the bail application.

4. Heard learned counsel for the applicants/accused and learned Additional Prosecution-General.

5. Taking into consideration that the identification parade has been conducted in which complainant had picked out both the applicants in the identification parade conducted before the learned Magistrate but subsequently denied the identity during the evidence, hence the case of applicants/accused is one of further enquiry.

6. Under the circumstances, without discussing other merit of the case at this stage bail plea is made out. Accordingly, I allow this bail application. Let applicants be released on bail upon furnishing sureties in the sum of Rs, 1,00,000 each and executing P.R. Bond to the like amount to the satisfaction of the trial Court.

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