1. This is an application for grant of bail moved on behalf of applicant Shahzad Ahmed son of Niaz Muhammad for offence under section 20 Offences Against Property (Enforcement of Hudood)
2. Ordinance, 1979 vide Crime No,330 of 1995 registered with Sharifabad Police Station, Karachi.
3. Briefly the prosecution case as disclosed in F.I.R. is that on 17-11-1995 complainant Syed Masood Hussain lodged F.I.R. stating therein that he had gone to attend the marriage ceremony on his Motorcycle bearing Registration No,1681 KCM, Honda CD-70, Chassis No,030225, Engine No,30303, while he was on the way, he reached in front of Al-Karam Square, wherefrom service road "A" all of a sudden two boys with thin structure medium height wearing Pant and Shirt appeared having fire-arm in their hands and snatched his Motorcycle on gun point and ran away. The case was registered and during investigation the applicant was arrested. Bail application on behalf of the applicant was moved before IIIrd Additional Sessions Judge, Karachi (Central) which was dismissed on 8th January, 1996, therefore, this bail application.
4. I have heard the learned counsel for the applicant as well as learned counsel for the State. The latter has conceded to the grant of bail to the applicant.
5. The contention of the learned counsel for the applicant is that the applicant is minor aged about 12 years of age; and that he is a student. He is not involved in the present case but mala fidely implicated by the police in this case. The learned counsel further contends that the name of the applicant does not appear in the F.I.R. and even no identification parade/test was held to connect the applicant with the crime. Learned counsel submits that it is a case of joint recovery as two other co-accused, who are alleged to be pillion riders are also implicated in the case. The case, if any, would fall under section 411, P.P.C. Learned counsel submits that the case law cited by him were not considered by the trial Court while rejecting the bail application. In fact the trial Court has placed reliance on 1990 PCr.LJ. 1198 which has no relevancy at all with the present case. Another case cited by the trial Court, namely, 1992 PCr.LJ. 245 is not reported case in Pakistan Criminal Law Journal. The trial Judge has said nothing in her order about the case law cited by the learned counsel for the applicant. The trial Courts are bound to follow the case law and observations made by the superior Courts.
6. Admittedly, from perusal of the School Certificate and B-Form attached with the application, the applicant is of tender age. His name also does not appear in the F.I.R. and there is no identification parade/test through complaint to connect the applicant with the crime. The case of the applicant, in these circumstances, requires further enquiry, I agree with the contention of the learned counsel.
7. Accordingly, I allow this bail application and admit the applicant to bail. He shall be released on his furnishing surety in the sum of Rs,50,000 (Rupees fifty thousand) with P.R. Bond in the like amount to be furnished to the satisfaction of the Trial C01114.