1. ' This order shall deal with above cited bail applications which arise out of Crime No,46 of 2000 registered at Police Station Jhoal, District Sanghar under section 17(3) Offences Against Property (Enforcement of Hudood) Ordinance, 1979, on 26-8-2000, and F.I.R. Bearing No,17 of 2000 registered at Police Station Naoabad under section 412, P.P.C. On 27-8-2000, respectively.
2. ' The case of prosecution 'in F.I.R. No,46 of 2000 of Police Station Jhoal is that Muhammad Usman and his brother Rehmatuallah were going on Motorcycle when at 6-00 p.m. They were intercepted by Niazo Machi, Ghulam Hussain Machhi and Hanif Talpur the applicant all armed with pistols and an unidentified person armed with hatchet. Niazo Machi robbed Seiko-5 watch and Rs,26,000 cash from complainant Muhammad Usman and then Niazo and Muhammad Hanif drove away on the motorcycle while Ghulam Hussain and unidentified person decamped towards south. On the cries of complainant party Rehmatullah and their halp reached on motorcycle and with their help they chased the culprits and encircled them near Bobi station where the police of Bobi Check Post also joined them and they succeeded in over powering Niazo and Muhammad Hanif with the motorcycle and took them to Naoabad Police Station where the S.H.O. Assured that he will conduct investigation but they were kept on hopes. Ultimately, on 26-8-2000 under the instructions of D.S.P.
3. Sanghar they went to Police Station Jhoal where the F.I.R. (Crime No,46 of 2000) was recorded at 5- 50 p.m. By S.I.P., Zamir Baig.
4. In F.I.R. No,17 of 2000 at Police Station Naoabad it is the case of prosecution that on 26-8-2000 complainant A.S.-I. Akbar of Police Station Latifabad accompanied by police party was checking the vehicles when Muhammad Qasim and Muhammad Usman the complainant in the first mentioned F.I.R. Reached there and at about 2-00 a.m. They found two persons driving motorcycle 70 C.D. HDM-199 and caught hold of them. They were identified to be Niaz Muhammad alias Niazo and Muhammad Hanif the applicant. The motorcycle was seized under section 550, Cr.P.C. And after preparing mashirnama in presence of mashirs Muhammad Usman and Muhammad Qasim and the culprits were taken to Police Station where the police after contacting the Control Room came to the conclusion that the motorcycle had been robbed in Crime No,46 of 2000 of Police Station Jhoal. Consequently, the F.I.R. Was registered at Police Station at 10-00 a.m. On 27-8-2000.
5. Subsequently, on 27-8-2000 a pistol was recovered from the present opplicant on his pointation and the F.I,R. No,18 of 2000 was registered against him, in which case the applicant has been granted bail by the Sessions Judge, Sanghar.
6. Learned counsel for the applicant Muhammad Hanif submitted that there are two parallel and inconsistent stories about the capture/arrest of the culprits and also recovery of motorcycle as such the case is of further inquiry. He contended that in subsequent case the motorcycle alone has been recovered and not the cash robbed of. He also submitted that the applicant is in custody for a period of 10 months prosecution witnesses namely complainant Muhammad Usman and Muhammad Qasim will be the witnesses of capture of two culprits including applicant Muhammad Hanif on 5-8-2000 alongwith the motorcycle in presence of the police of Naoabad Police Post. But in the second case the witnesses including Muhammad Usman and Muhammad Qasim who have acted as Mashirs will furnish evidence to the effect that the applicant was arrested on 26-8-2000 in their presence. In the circumstances the prosecution has to explain the conflicting factual aspects at the trial as such the case calls for further inquiry entitling the applicant to grant of bail. Moreover, the applicant has remained in custody for a period of 10 months.
7. ' Mr. Anwar Ansari learned counsel for the State submitted that apparently there is direct evidence of robbery against the applicant and subsequently there is recovery of motorcycle and pistol.
8. The learned State counsel was not in a position to explain the two conflicting versions having come on record through two B F.I.Rs, registered at two different Police Stations. He also could not dispute the fact that Muhammad Usman complainant in first mentioned F.I.R. Is the person who figured as mashir in the second F.I.R. And motorcycle is common. On perusal of both these F.I.Rs, it appears that the main prosecution witness namely complaint Muhammad Usman and Muhammad Qasim a will be the witness of capture of two culprits including applicant Muhammad Hanif on 05-8-2009 along wiuth the motorcycle in presence of the police of Naobad Police Post But in the second case the witness including Muhammad Usman and Muhammad Qasim who have acted as Mashirs will furnisg evidence to the effect that the applicant was arrested on 26-8-2000 in their presence In the circumstance the prosecution has to explain the conflicting factual aspects at the trial as such the case calls for further inquiry entitling the applicant to grant of bail. Moreover the applicant to has remained to custody for a period of 10 months.
9. ' Consequently for the afore stated reasons, both the applications are allowed; be released on and executing P.R. To the satisfaction of A sum of Rs,1,00,000 the applicant may furnishing surety in the (one Lac) in each case Bond in the like amount trial Court.