1. Applicant Muhammad Asif alias Pabbi is facing trial under section 17(3) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, in Crime No.64/95 of P.S. Mominabad, Karachi.
2. He had moved bail application before the learned Sessions Judge, Karachi West, which was rejected by the learned Sessions Judge, vide order dated 16-5-1995, therefore, the present bail application has been moved before this Court.
3. The allegation against the applicant as per F.I.R., lodged by complainant Muhammad Yousuf on 27-3-1995 at Mominabad P.S., are that the complainant on 27-1-1995 was sleeping in his house alongwith his family members, when at early morning time his son arose for Namaz-e-Fajar and saw that two persons were jumping over the wall. They took out pistol and got open the gate of the room and threatened to kill all the inmates of the house. Out of them one accused whose name was Asif was having a pistol in his hand started supervising the complainant and his son Imran and the other accused forcibly took the keys of the big box and took out cash Rs.1,66,000, Prize Bonds worth Rs.8,700 one golden set etc. And then went away after issuing the threats that they should not make the report with the police. The complainant due to fear could not report the matter to the police. The present applicant was arrested by C.I.A. Police, where he confessed that he had committed the dacoity in the house of complainant and led the police party to the place of Wardat. The complainant then lodged the F.I.R. On 27-3-1995.
4. Mr. Raja M. Aslam Kiyani, Advocate for applicant has contended that there is delay of about three months in lodging the F.I.R., which is not explained. The allegation against the applicant was that he was only standing and supervising at the Wardat whereas the dacoity was committed by co- accused Shamsuddin, who has been released under section 169, Cr.P.C. The alleged recovery of prize bonds of Rs.2,000 is said to have been made from the Almirah in the house of the applicant.
5. The said Prize Bond is a cash Currency and ownership or title of the same is not available. He has relied upon the cases of Kali and 2 others v. The State, reported in 1978 PCr.LJ 766, Ghulam Rasool v.
6. The State, reported in PLJ 1975 Cr.C. (Lah) 107, Kamir v. The State, reported in PLD 1963 (W.P.) Lahore 585, and Ghulam Muhammad Khan and another v. The State, reported in 1987 M LD 1770.
7. Mr. Syed Amjad A.I Shah, learned A.A.-G. Has opposed the bail application and has argued that the delay has been explained in the F.I.R. As the complainant due to fear of death could not lodge the F.I.R.
8. Mr. Muhammad Yaseen Azad, learned counsel for complainant has relied upon the cases of Mst.
9. Nasreen v. Fayyaz Khan and another, reported in PLD 1991 SC 412 and Bashir Waqas v. The State, reported in 1988 PCr.LJ 1120.
10. I have given full consideration to the contentions of the learned counsel for the parties and have gone through the record of this case. The authorities relied on by learned counsel for the applicant are distinguishable from the facts of the present case. As far as the delay in lodging the F.I.R. Is concerned, it has been fully explained in the body of the F:I.R. That the complainant was under fear of threat issued by the culprits. The present applicant was arrested by C.I.A. Police where he had made the confession and had led the police party to the place of Wardat, where the complainant identified him and then he lodged the report, in which his name appears and specific role has also been assigned to him. The applicant was holding pistol and was supervising the commission of dacoity. He also led the police party to his house, from where some Prize Bonds were recovered. As far as the case of co-accused Shamsuddin is concerned, he was not identified by the complainant in the identification parade. Prima facie, there is strong case against the applicant and no evidence has yet been recorded before the trial Court, therefore, I am of the humble view that this is not a fit case in which bail can be granted. The bail application, is accordingly dismissed.