1. ' This order will dispose of bail application filed on behalf of the accused Manzoor who has been booked to face his trial under section 17(1), Offences Against Property (Enforcement of Hudood)
2. Ordinance, 1979 and 171, P.P.C. Vide F.I.R. No,36 registered at Police Station Shadi Pali.
3. ' The complainant Nazar Muhammad son of Dur Muhammad by caste Pali has stated that he and one Allah Rakhio Mangrio were going on his motorcycle to the Otaq Maghan Mangrio for the purpose of loading trolly with sugarcane crop and when they reached near Village Harali Wah and were about to take canal path and at about 01-15 hours they were stopped by two persons standing beside motor-cycle and were in police uniform, after they flashed torch light towards them. It is alleged by the complainant that the culprits tried to snatch the motor-cycle from them on which they started fighting with them as they understood that they were culprits and robbers.
4. They called for help and called the villagers who responded positively but in the meanwhile one person ran away but complainant party was able to catch hold of one of the culprits along with his motor-cycle who was identified by them as Manzoor Sheedi and the person who was armed with country-made pistol and ran away from the Wardat was also identified by them to be Dharmo Mangwar. Thereafter they along with the help of the villagers took Manzoor Sheedi along with his motorcycle to the Otaq and on the next morning they brought the accused at the police station and lodged the above report. The learned counsel for the applicant/ accused contended that there is delay in lodging the F.I.R. As such the applicant has been booked falsely in this case due to enmity with the complainant party. As such there are no reasonable grounds to believe that the applicant/accused is guilty of offence under which he is charged.
5. ' On the other hand, Mr. Abdul Latif Ansari, learned counsel for the State has opposed the grant of bail to the applicant on the ground that the applicant was caught red-handed by the complainant and the villagers and a motor-cycle was also recovered from his possession which motor-cycle was also stolen property which was robbed by him in another crime bearing No,33/95 of Police Station Shadi Pali.
6. ' So far as the evidence which has come on record of this bail application against the applicant is that he along with others attempted to rob motor-cycle from the complainant but on the cries raised by the complainant, villagers reached at the spot and caught hold of accused Manzoor Shedi while his associates made their escape good. From the possession of the accused there is recovery of police uniform.
7. At the stage of bail the detailed succession is not necessary but as far as the evidence which is on the surface of the record of this case appears that the present applicant Manzoor Shedi is involved in this crime as there is a recovery of a stolen motor-cycle from his possession which recovery is effected in the presence of the Mashirs in Crime No,33/1995 and secondly that offences like robbery are frequently reported to have been committed in far-flung area creating scare among people who of necessity have to travel in such areas. Cases of robbery by way laying wayfarer's should not be taken lightly. The delay in lodging the F.I.R. Has been explained by the complainant, names of the culprits have been mentioned in the F.I.R. Who reside in the village near the village of the complainant and more particularly this Manzoor was apprehended in a police uniform on 17-11- 1995 while committing the crime. At this stage I see that there is no ground to release the applicant/accused on bail as such bail application filed on his behalf is rejected.