' MIFTAH-UD-DIN KHAN, J.---Petitioner Abdur Rehman has been refused bail by the Courts below in case F.I.R. No,162 dated 14-2-2012 of Police Station, Bhannamari Peshawar registered under section 382/34, P.P.C., therefore, he has moved the present petition.
2. The brief facts of the case are that complainant Sadaqat on 14-2-2012 made a report to the effect that on the day of occurrence he along with his family members on return from Swat reached near Wakho Pull at 11.30 hours, four persons emerged out of whom one took out his Pistol and snatched away a Mobile Set from him while his other fellow snatched Rs,40,000 from his pocket who was overpowered and in the meanwhile other companions armed with Pistol fired at the complainant upon which people of the locality attracted to the spot and arrested the armed person and petitioner while two other persons escaped from the spot that one .30 bore Pistol along with one empty and four cartridges and one snatched Mobile Set was recovered from accused Raees while other accused disclosed his name as Abdur Rehman the present petitioner.
3. Learned counsel for the petitioner contended that the petitioner was not armed at the relevant time and no recovery has been effected from him, therefore, case of the petitioner is of further inquiry, hence he is entitled to the concession of bail.
4. Learned State Counsel opposed the bail petition on the ground that the petitioner along with his co-accused were caught red handed along with weapon used in the commission of offence, hence prima facie the petitioner is connected with an offence recovered by the prohibitory clause of section 497, Cr.P.C., therefore, he is not entitled to the concession of bail.
5. After hearing the learned counsel for the parties and going through the record, I have come to the conclusion that the petitioner along with co-accused were caught red-handed from the spot while snatching Mobile Set and cash amount from complainant. Record further indicates that the petitioner along with his other co-accused in furtherance of their common intention duly armed after making preparation for causing hurt and wrongful restraint are prima facie connected with offence of snatching away Mobile and cash amount from the complainant Sadaqat who has got no personal ill will or mala fide against petitioner, therefore, no reason and justified grounds exist to extend concession of bail to the petitioner.
6. Resultantly, this bail petition is dismissed.