SYED MUHAMMAD FAROOQ SHAH, J.:- Applicant Muhammad Noman presently confined in Central Prison, Karachi has sought bail in Crime No. 361/2013, registered at P.S. Boat Basin, Karachi, for an offence punishable under section 392/34 PPC.
2. Precisely, the facts forming the background of the instant case are that on 06.7.2013 at about 2230 hours complainant Muhammad Noman s/o Afzal, a Mechanic alongwith his friend Nadir Ali was intercepted by two youngsters at about 2230 hours, duly armed with daggers, snatched his cellular phone "Nestel China". On Their commotion, S.I. Imtiaz of police station Boat Basin reached there and caught hold both the culprits. During investigation both the youngsters disclosed their names as Shehbaz Muzaffar and Muhammad Noman, the present applicant. It is alleged that from their possession two double edged illicit daggers were recovered; thereafter, they were brought at police station and necessary FIR was lodged. The bail application moved earlier before the learned trial court was declined by learned IIIrd Additional District & Sessions Judge, Karachi-South on 05.8.2013 in the following terms:- "Since the applicant/accused stands specifically named and not just named but in fact comprehensively described with specific role in named in in the FIR and no animosity against complainant party is alleged, thus prompt arrest and recovery connects him the commission of offence and applicant/accused failed to make out the case of further inquiry. Furthermore, snatching of mobiles in the city created sense of insecurity among citizens and it has become an order of the day. General public always avoid keeping with them mobile phones with the fear of its looting. Settled position of law is that accused cannot claim the bail as a matter of right. In this respect, I am fortified by the case law reported in PLD 1997 S.C. 545."
3. Arguments heard and record perused.
4. Learned counsel for the applicant at the very outset submits that the applicant has falsely been implicated in this case due to enmity with the police. It is next contended that nothing was recovered from the possession of applicant and no specific role has been attributed to him.
Learned counsel submits that the daggers which were allegedly recovered from the applicant and co-accused are not falling within the definition of illicit arms or licensed arms as the blade of alleged dagger is 1-1/2 inch though under Arms Ordinance, length of dagger should be 4 inches.
5. Conversely, learned Assistant Prosecutor General, Sindh vehemently opposes the bail to the applicant on the ground that applicant was caught red handed at the spot alongwith co-accused and from their possession robbed cellular phone and dagger were recovered. It is next contended that no animosity is alleged with the complainant.
6. Since the impugned order does not suffer from any illegality or gross irregularity, particularly in making observations by the trial court reproduced supra, as nowadays it is a factual position that such types of youngsters have created insecurity and harassment amongst the Karachiites. The offence falls within the prohibitory clause and applicant is involved in a heinous offence of committing robbery, therefore, the bail application is dismissed with the direction that trial court should expedite to conclude the trial, preferably within three months period. The applicant may repeat the bail application before the trial court after deposition of private witnesses, if so desire.