ORDER ALI MUHAMMAD BALOCH, J.- This application for bail has been moved on behalf of Shoab s/o Ghulam Rasool, who is involved in a case vide FIR No.283/94 of Halakoth for an offence under sections 324, 353, 34 P.P.C, read with section 13(2) of offences against property (EOH) Ordinance.
2. The facts in nutshell are that on Z3.12.1994 the police party comprising SHO Chakiwara Inspector Syed Mairaj Hussain Zaidi and other officers of the police station in a police mobile observed near Chakiwara Chowk at about 11.45 a.m. That four young persons armed with revolvers and pistols were attempting to rob a motor-cycle rider and also when a Mazda carrying passenger was tried to be stopped by them. The Mazda Coach driver sensing the danger Excellence the speed on which one of the 4 dacoits fired at the Coach injuring one passenger. The police party came into action and tried to arrest the culprits. The culprits started firing at the police party and the police party also returned the i.e. The exchange of fires continued for a few minutes as a result of which one of the culprits was injured and he fell down while the three culprits managed to escape. The culprits who was injured, was captured and he was identified to be the present applicant Sho&b s/o Ghulam Rasool of Chakiwara. A 30 bore pistol as well as a knife was also recovered from the place where the applicant had fallen after receiving injury. The motor-cycle used by the culprits was also left by them, which was attempted to be robed by the culprits, who was riding motor-cycle left the seen on the commission and firing and could not be identified by the police. The applicant was removed to the hospital for treatment and injured passenger of the Mazda Coach Shaukat was also found in the emergency ward of the hospital. That injured man by name Shaukat identified the applicant Shoab to be one of the 4 assailants, who were committing robery. The applicant has been challaned in the case and his request for bail was turned down by the trial Court. By present application, the applicant seeks bail from this Court. Learned counsel for the applicant could not convince the Court by his argument as to why the concession of bad be granted to the present applicant. Contention of the learned counsel for the applicant that the applicant is himself an injured person is not sufficient ground for the grant of bail to him. The applicant was arrested on the spot. No counter version of the incident has come from the mouth of the injured applicant and he is unable to explain his presence at the place of occurrence along with arms. There is evidence of an injured witness, who had identified him apart from the police personnel that the applicant was one of the robbers, who tried to rob the passenger riding a motor-cycle and then passengers of Mazda Coach. Under these circumstances, no grounds for bail are made out. The application is, therefore, dismissed.