Through the instant Crl. Misc., petitioner (Abbas Khan) has prayed for post-arrest in FIR No. 655, dated 20.07.2021, under section 392/41 1 PPC, Police Station Koral Islamabad.
2. According to the allegations set-forth in the FIR, on 06.07.2021 at about 01:45 a.m. in the area of Total Patrol Pump near Ghouri Town Phase-I, three motorbike riders intercepted the compl ainant alongwith his friend and snatched cell phone and Rs. 2,000 cash, ID card from him as well as from his friend cell phone and Rs.900/-, ID Card, Driving License, ATM Card, Insurance Card, at gun point.
3. Learned counsel argued that the petitioner is not nominated in the FIR; that recovery is planted; that at the most offence 411 PPC is attracted which does not fall within the prohibitory clause of Section 497 Cr.P.C; that investigation is complete and petitioner is no more required for investigation; that petitioner is previous non-convict while mere involvement in other cases of like nature is no ground to refuse bail when case otherwise calls for further inquiry . Learned counsel placed reliance upon case laws reported as 2008 SCMR 302 and 1995 SCMR 127.
4. On the other hand, learned State Coun sel repelled the above submissions by arguing that petitioner is habitual offender , offence alleged is heinous while sufficient incriminating material is available on record which prima facie connects the petitioner with the commission of alleged of fence, therefore, not entitled for the concession of bail.
5. Arguments heard, record perused.
6. Record reveals that during investigatio n in the subject FIR, the petitioner was duly identified by the complainant during identification parade held on 06.8.2021. In addition, petitioner also got recovered snatched mobile phone on 27.08.2021which is duly identified by the complainant while petitioner also pointed the place occurrence.
7. Record further reveals that petitioner is also involved in following cases:- S.No. F.I.R No. Police Station Offence under Section 1 288/2021 P.S. Koral 392/41 1 PPC 2 383/2021 P.S. Koral 392/41 1 PPC 3 592/2021 P.S. Koral 392/41 1 PPC 4 666/2021 P.S. Koral 13/20/65 A.O.
8. As mentioned above, the petitioner in involved in three other cases of like nature besides a case registered under Arms Ordinance. It is significant to note that all the cases pertain to a particular area falling within the territorial limits of Police Station Koral. The alleged occurrence took place within short span of time and the modus operandi reflects evil designs of the petitioner in committing the offence of mobile grabbing which is in rampant increase nowadays, which cannot be taken lightly.
9. In addition, the alleged offence is not only heinous but is an offence against the society and falls within the ambit of prohibitory clause of Section 497 Cr.P.C. The way the things have gone, it can easily be inferred that the petitioner is a habitual offender which disentitles the petitioner to pray for release on bail. Reliance is placed upon case law titled as Waqas-ur-Rehman alias Moon v . The State ( 2021 SCMR 1899 ).
10. The challan has been submitted and charge has been framed against the petitioner/accused and case is at the stage of recording of prosecution evidence.
11 In view of above, in presence of sufficient tangible evidence, petitioner has not been able to make out a case for grant of post-arrest bail at this stage. Consequently , instant bail petition is dismissed.
12. The observations made hereinabove are tentative in nature and shall have no impact upon merits of the case.