1. Habib-ur-Rehman son of Noor Rehman has filed his bail application in F.I..R. No.138/94 under section 20, E.H.O. By Police Station Malir City, Karachi, whose bail application was rejected on 28-6- 1995 by the Sessions Judge, Malir, hence he filed present bail application.
2. The brief facts of the case are that the complainant Imtiaz Ahmed son of Qazi Ghulm Srwar Taxi Driver of Taxi No.PL 0782 that he was parking the taxi at Malir 15 bus stop where two persons aged 25/30 years wearing Shalwar Qamiz came to him and asked him to lift ladies passengers from the house, so he went with them to lift the ladies passengers but when he reached at Bakra Piri the third accompalice came on motorcycle and two persons already sitting in side the taxi took out pistols and snatched vehicle after leaving the complainant on the road side. Thereafter, complainant reported to the police station that three un-known accused persons have snatched his taxi in which in his taxi's licence book in the name of Imtiaz Ahmed, N.I.C. In the name of Imtaiz and other relevant papers of the vehicle were lying. The police had registered the case under section 20, E.H.O. That it is further contended that on the pointation of the complainant the police arrested the present applicant who was duly armed with un licensed pistol of 30 bore having five live bullets in the magazine. Learned counsel for the applicant has contended that the name of the present applicant has not been disclosed in the F.I.R. And that two other culprits namely Akhtar Mehfii and Ghulam Abbas were arrested by the police but subsequently they were released on bail.
3. He further contended that the applicant was apprehended on 2-11-1994 and is in detention since last more than one year and that the applicant is innocent and he may be released on bail. That after arrest of the applicant he was not produced before any Magistrate for identification parade.
4. Mr. Habib Ahmed appearing for the State has opposed this bail application. He further contends that present applicant was arrested by the police on the pointation of the complainant on 2-11- 1994 as per Mushirnama he is also witness/Mashir of the arrest and, therefore, question of identification parade before the Magistrate does not arise.
5. I have heard both the learned counsel for the parties and perused the police papers also. I seethe name of the applicant does not appear in the F.I.R. And though three unknown persons snatched taxi registration No.PL-0782. That two other accused namely Akhtar Mehdi and Ghulam Abbas were arrested but subsequently they were released on bail under section 169, Cr.P.C. Since applicant was arrested by Police on the pointation of complainant, who identified him and applicant was also armed with unlicensed pistol with five live bullets. Under these circumstances, I see no merits in the bail application which is hereby dismissed but I direct the trial Court to examine the complainant and other Mashirs of the recovery of the taxi as well as arrest of the applicant within three months, then applicant will be at liberty to file bail application afresh if so advised, bail rejected.
6. Bail application is rejected.