This is an application for bail made on behalf of applicant Muhammad Javed, who is facing trial before the learned Sessions Judge (Central), Karachi, alongwith two others for the offence under section 17(3) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979. The bail application made on his behalf was rejected earlier by the learned Sessions Judge -Vide order, dated 13-9-1988. It is alleged that applicant Muhammad Javed alongwith co-accused Noor Muhammad and Anwar had robbed complainant Salim Akhtar of Rs.60 (Rupees sixty) and a taxi- car which he was driving at the point of dagger. Applicant Muhammad Javed and co-accused Noor Muhammad were apprehended by the police party with the help of persons, who had gathered at the spot on the alarm raised by complainant Salim Akhtar, while co-accused Anwar escaped. The report of this incident was registered on the same day viz. 2--8-1988 at 11-45 p.m. At Khawaja Ajmer Nagri Police Station. FA
2. I have heard Mr. Syed Ahmed Farooqui, learned counsel for the applicant and Mr. AA.
Muhammad A.I, learned Addl. A.-G. On behalf of State. The latter has opposed the bail application.
Section 15 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, defined Haraabah in the following words:-- "When anyone or more persons, whether equipped with arms or not, make show of force for the purpose of taking away the property of another and attack him or cause wrongful restraint or put him in fear of death or hurt, such person or persons are said to commit `Haraabah'."
3. According to the case of the prosecution, the present applicant had hired the taxi driven by complainant Salim Akhtar. He got the taxi stopped near Nusrat Bhutto Colony and brought two other persons, namely co-accused Noor Muhammad and Anwar and then they all proceeded towards New Karachi. It is also alleged that on the way one present applicant caught hold of complainant Salim Akhtar by his neck, while co-accused Anwar picked out Rs.60 from his pocket at the point of dagger. The keys of the taxi were also snatched from him. There is satisfactory evidence on record connecting applicant Muhammad Javed with this crime, who was caught on the spot with the help of police party. The offence under section 17(3) of the Ordinance is punishable with amputation of the right hand of accused from the wrist and left foot from the ankle. There is, therefore, hardly any merit in this bail application which is accordingly dismissed.
N.H.Q./M-761/K