1. ' Applicant Mehboob Akhtar, alongwith co-accused Tahir Ali and Shahid Ali, are accused of Crime No,111/93 of Police Station Orangi Extension, Karachi, under section 17(3), Offences Against Property (E.O.H.) Ordinance, 1973. Their bail application moved before the trial Court of IInd Additional Sessions Judge, Karachi-West is rejected on 26-7-1993. Accused Shahid Ali had challenged this order and had filed Criminal Bail Application No,715/93 before this Court which was dismissed for non-prosecution on 20-9-1993.
2. ' Facts stated in F.I.R. By complainant Muhammad Faisal Rehman are that on 26-6-1993, while he was plying his Taxi (yellow cab) No,PG-7329, it was stopped by three boys who hired it for going to Gulshan Behar, Orangi Town. At Gulshan Zia, the said 3 boys at pistol point stopped the taxi, robbed Rs,950 from complainant and drove away the taxi after forcing him to get down. While talking to each other, the accused called each other by names of Shahid and Tahir. During investigation, complainant's cab was found going near bus stop of Sector 13. Complainant, who was with police identified his taxi which was stopped and applicant Mehboob and co-accused Tahir were arrested while Shahid Ali fled away. From the possession of applicant, N.I.C. Of complainant was recovered.
3. ' It is contended on behalf of the applicant that no independent witness was associated by police during arrest and search and nothing incriminating is recovered from applicant. He has relied on the case-law reported in 1992 PCr.LJ 137 and PLD 1967 SC 167. Bail is opposed by the learned AA.-G.
4. Who has argued that applicant and co-accused Tahir were arrested while they were going in complainant's taxi, alongwith accused Shahid Ali who escaped. It is also argued that accused were not known to complainant before the incident and there was no reason for false involvement of applicant and co-accused by police.
5. I have considered the arguments of learned counsel and perused the record. Such offences like the present one have become very common. Applicant Mehboob Akhtar and co-accused Tahir were arrested while driving complainant's taxi and their associate Shahid Ali, who happens to be the brother of a Police Head Constable escaped but was subsequently arrested. The N.I.C. Of complainant is recovered from applicant. There are no reasonable grounds to believe that applicant is not guilty of offence with which he is charged. There is no merit in this application and the same is accordingly dismissed.