The present applicant alongwith three others is facing trial under section 17(3) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979.
2.Brief facts of the case are that on 24-2-1986 at about 9-00 p.m. While complainant Talaat Mehmood was going home. In his Car with two brief cases containing books and cash Rs.1200. Two unknown persons caught him by the Collar of his shirt and made him get down from the Car and forcibly took away the Car. Such F.I.R. Was registered on the same day at 9-20 P.M.
3. The main contention of Mr. Muhammad Saleh G. Memon, learned counsel for the applicant is that the name of the applicant does not transpire in the FI.R. And that the only evidence against him is that he is alleged to have been picked up in identification parade after about 4-1/2 months of the incident. It is further submitted that in the identification test four culprits were mixed up with 14 dummies which is against the directions laid down by the Supreme Court that the ratio of the suspects and dummies should be one to ten. Reliance is placed on PLD 1981 SC 142.
4. It is further submitted that though the applicant was arrested in another case on 11-6-1986 the identification test was held on 6-7-1986. It is further submitted the learned counsel for the applicant that the applicant has remained in tail for more than one year and as such he is entitled to be released on bail under third proviso to subsection (1) of section 497, Cr.P.C.
5. Mr. Abdul Ghafoor Mangi, AA.G. Appearing for the State concedes that no recovery has been made from the person of the applicant, but contends, that he is a desperate and dangerous person as four cases of dacoity are pending against him and furthermore the Superintendent, Jail has moved the Home Department that his trial may be held in Jail. At the same time he further concedes, that in none of the cases, the applicant has been convicted as they are pending.
6. Keeping in view the above facts and submissions, in my opinion, it is very difficult to hold that the applicant is a desperate and dangerous person. However, on merits also it is a case of further enquiry and as such the applicant is entitled A to be released on bail.
I accordingly order that the applicant be released on bail on furnishing surety in the sum of Rs.50,000 and P.R. Bond in the like amount to the satisfaction of the trial Court.
N.H.Q./M-770/K