SHAH NAWAZ A. AWAN, J.---Applicant above named was booked under section 20, Offences Against Property (Enforcement of Hudood) Ordinance vide F.I.R. Bearing No.64 of 1994 registered at Police Station Hussainabad to face his trial before the Court of learned Judge, Special Court-I (S.T.A.), Hyderabad. Bail application filed on his behalf was rejected vide order, dated 15-2-1996, hence this application.
2. Briefly stated facts of the prosecution case are that on 13-9-1995 at 14-30 hours during patrolling near Nursery Chowk S.H.O., Hussainabad P.S came to know from general public that some dacoits have snatched cash from cashier of Fateh Garments.
On receiving such information he along with his subordinate staff reached Fateh Garment at Unit No. 4, Latifabad and contacted the owners of the garment factory. They allegedly informed him that about Rs,8,25,000 they were robbed at the point of arms by unknown dacoits near Bhitai Hospital from their cashier Muhammad Hanif Memon and Security Guard Mansoor Ahmed as well as Abdul Salam but they would lodge the F.I.R. After consultation. Thereafter, they enquired about Cashier Muhammad Hanif but they could not trace him. On 18-9-1995 S.H.O. Received information through spy that complainant and accused party were going to settle their' dispute, therefore, he called Cashier Muhammad Hanif for interrogation who disclosed that Mazhar Mirza Zufiqar Dahiri and Muhammad Ali Rind riding on a motor-cycle duly armed with T.T. Pistols had snatched the cash from him but due to fear of the accused persons he had not lodged the report. It is alleged that S.H.O. Then lodged report on behalf of State and arrested the present applicant on 23-9-1995 and during interrogation a T.T. Pistol and two motor-cycles were secured from their possession.
After completion of investigation accused was challaned in the Court of law.
3. Mr. Ghulam Moinuddin Baloch learned counsel for the applicant contended that there is delay of about four days in lodging the F.I.R. And that alleged witnesses Muhammad Hanif, Huzoor Ahmed and Muhammad Islam Qaimkhani had sworn their affidavits in which they have completely exonerated the applicant from commission of the offence. Besides no identification parade to identify the applicant have been arranged so far till the date of the arrest of accused. According to learned counsel recovery of incriminating articles or the alleged T.T.Pistol has not been made from the applicant, therefore, he is entitled to concession of bail.
4. Mr. Abdul Lateef Ansari, Assistant A.-G. Has frankly argued that the applicant being charged with an offence under section 20, Offences Against Property (Enforcement of Hudood) Ordinance the said offence is not a scheduled offence, therefore, the Judge, Special Court No.1 (S.T.A.), Hyderabad is not competent to try the applicant for this offence. He has expressed no objection if the applicant is released on bail.
5. Since the offence under which the applicant is charged with is not a scheduled offence, it is evident that the Court constituted under the Super session of Terrorist Activities (Special Courts)
Act has no jurisdiction to proceed with the trial of the accused. Trial Court is, therefore directed to return the charge --sheet for presentation to the Court having jurisdiction. In the meanwhile the I applicant is admitted to interim bail on his furnishing a solvent surety in the sum of Rs.50,000 and P.R. Bond in the like amount to the satisfaction of the Additional Registrar of this Court with a direction to appear before the Court having jurisdiction and competent to try the case against the accused.