1. ' This order will dispose of Criminal Bail No, 267 of 1984 and Criminal Bail No, 271 of 1984.
2. ' Applicants are facing trial in a Sessions Case No, 320/84 under section 17(3) Enforcement of Hudood Ordinance, 1979. The prosecution allegations against the applicants are that they duly armed with Revolvers came to the Cement Depot of one Muhammad Ishqeen and forcibly took Rs, 35,000 and ran away in a Car No, 168-400. Their bail applications have been rejected by Xth Additional Sessions Judge, Karachi.
3. ' Mr. Sardar Muhammad Ishaq, Advocate for the applicants has contended that co-accused Aftab Ahmed has been granted bail by the Additional Sessions Judge, Karachi and the case of the present applicants is identical to that of Aftab Ahmed. He has further argued that provisions regarding ratio of dummies in the identification test have not been complied with.
4. ' Mr. A.A. Muhammadally has opposed the bail applications and stated that both the applicants have been picked up in identification parade. There is no enmity between the complainant and the accused. He has also pointed out that two daggers, One Revolver, Clips and Rs, 3,000 have been recovered from applicant Zulfiqar whereas .32 bore Revolver and stolen money has been recovered from applicant SOW.
5. In the present case the accused/applicants have been picked up properly by independent persons with whom they have no enmity. The contention of Mr. Sardar Muhammad Ishaq, that number of dummies were less in the identification test cannot be taken into consideration at this stage and any observation made to this effect will prejudice the case of the prosecution. I will leave it open to the Trial Court to consider when case proceeds. Presently they are charged with henious offence.
6. The Revolver and the stolen money have also been recovered. They have properly been picked by the complainant party and no case is made out for bail, therefore, bail applications are rejected.