1. ' This is an application for bail moved on behalf of the applicant Abdul Wahid who has been arrested by police in connection with a case registered against him under section 399, P.P.C. At Police Station New Karachi as Crime No,409/1992.
2. ' The application for bail moved earlier before the learned Sessions Judge, Karachi/Central was dismissed by his order dated 15-12-1992.
3. ' According to prosecution, on 12-11-1992, at about 2-30 p.m. Police party headed by S.H.O. Syed Bahadur Ali of Police Station New Karachi received spy information that six persons were present near Jewellery Market at U.P. Society duly armed with fire-arms with intention to commit dacoity.
4. On receiving this information, the S.H.O. Alongwith police officials and Haji Allah Bux and Abdur Rasheed went to that place and found the applicant and other persons there. Three persons, out of those persons, ran away from the spot, on seeing the police party. Applicant and two persons were arrested at the spot. From the possession of the applicant one T.T. Pistol of .30 bore with magazine and two bullets were recovered for which the applicant had allegedly no licence.
5. ' Learned counsel for the applicant has submitted that in this case there is nothing to show that the applicant had made preparations to commit the offence under section 399, P.P.C. In support of his contention, he has relied on 1989 P Cr. L J 2314 and 1990 P Cr. L J 41.
6. Mr. Shaikh Azizur Rahman, learned State counsel has submitted that the material available with the prosecution does not show that the applicant had allegedly made any preparation for committing offence as contemplated under section 399, P.P.C. He has also submitted that for the recovery of same T.T. Pistol and the bullets the applicant has been challaned before the Court in another case and in that case the learned Sessions Judge has admitted the applicant to bail.
7. For the foregoing reasons, I admit the applicant to bail on his furnishing surety in the sum of Rs,50,000 (Rupees fifty thousand only) and P.R. B Bond in the like amount to the satisfaction of trial Court.
8. Bail allowed.