1. ' The applicants, Mir Nawaz son of Mir Bukhsh and Sajid son of Saied Akber, who are in custody in Crime No,927 of 1998, under section 392/34, P.P.C., of Police Station Gulshan-e-Iqbal, Karachi and are facing their trial before VIIth Additional Sessions Judge, Karachi, East in Sessions Case No,40 of 1999, have applied for bail pending their trial, on their being unsuccessful to get the concession of bail from the trial Court which was refused by order, dated 17-7-1999.
2. ' The facts as narrated in report dated 4-11-1998 by Muhammad Ibrahim son of Muhammad Qasim at Police Station Gulshan-e-Iqoal stating therein that he is employed in the Civic Centre Company as a driver. On 26-10-1998, he brought Car No,AB-5390, Toyota Corolla to his house in Gulshan-e- Iqbal, when he reached in front of House No,R-272 at about 4-00 p.m., three young men wearing Shalwar Kameez and Shirt riding in a Toyota Car of white colour stopped his car. Two of them, deprived the informant of the vehicle under show of arms and took away the car. He informed his office about the incident, he tried to trace but failed then matter was reported to police on 4-11- 1998 with the above facts.
3. ' It appears that on 5-1-1999, Inspector Umer Khatab, the Incharge of Police Station Anti-Terrorist Wing, Karachi was on patrolling, in search of criminals involving in car lifting, received information that the some criminals are expected to go to Balochistan with snatched car. He arranged Nakabundi at Hub River Road within the jurisdiction of Police Station Mochko, Karachi, West and at 19-30 hours he noticed Car No,AFR-1998 Toyota Corolla with five persons, they signal the car to stop but driver accelerated the speed and tried to escape. The person seated in the vehicle also started firing at police party, police chased the car on official vehicle and fired at the car as a result of firing the car stopped due to flat of the tyre by firing, two persons ran away from the vehicle, whereas, three persons namely, Asad Ali, Sajid and Mir Nawaz, the applicants were arrested on their personal search and unlicensed arms were also recovered. The persons who absconded their names were disclosed as Khalid Bundhwani and Javid Bundhwani. The car was also secured, the registration plate was found to be fake, car was of Registration No,AB-5390. The applicant, Mir Nawaz was said to be on driving seat. During the investigation, confessional statement of applicant, Mir Nawaz was recorded on 14-1-1999 by Magistrate First Class, wherein, he has confessed to have committed the crime involving car snatching from City Court, Khada Market, Defence Area, Sarafa Bazaar, Saddar and also stated that he used to take those cars to Balochistan and also has confessed that he alongwith applicants, Sajid, Khalid and Javed were taking the said car to Balochistan when they were arrested in police encounter.
4. ' After the investigation, the applicants have been charge-sheeted separately for the crime committed by them. The applicants moved bail application before the trial Court, which was dismissed. Hence the present bail application.
5. ' I have heard, Mr. Mumtaz Hussain Shah, learned counsel for the applicant and Mr. Dilawar Hussain, learned counsel for the State and also perused the police papers. The State counsel has vehemently opposed the bail application on the ground that the applicants are involved in crime involving the car snatching, which is now-a-days in rampage in the city and were arrested while taking the vehicle to Balochistan alongwith snatched car.
6. The learned counsel for the applicants has contended that the case of the applicants requires further enquiry as according to the report, three persons had snatched the car, whereas, five persons were found in possession of the vehicle and the report was lodged with delay and the names of the applicants do not appear in the F.I.R. And lastly the offence does not fall within the prohibitory clause, as such the applicants are entitled for the concession of bail.
7. ' In my view, neither the delay in lodging the report nor the variance in number of the culprits, make the case of the applicants for further enquiry. The report was lodged that three persons came in Toyota Corolla and two of them snatched the car from the driver by show of force, whereas, on 5-1- 1999 the car was recovered when it was being driven towards Balochistan and was intercepted at Hub River Road with five persons, two incidents at different time. Thus, on these facts, it cannot be argued that there was a case of further enquiry. It has been contended that the maximum the applicants could be saddled with the liability having possession of the stolen vehicle under section 411, P.P.C., punishable with imprisonment for 3 years, as such offence would not fall within the prohibitory clause, thus the applicants are entitled for the bail. No doubt in Tariq Bashir v. State PLD 1995 SC 34, the apex Court has ruled that the grant of bail is a rule in cases of non-prohibitory clause and refusal is an exception. The bail can be declined, only in extraordinary and exceptional cases:---
(i) Where there is likelihood of absconding of the accused.
(ii) Where there is an apprehension of accused tampering with prosecution evidence.
(iii) Where there is a danger of offence being repeated if accused is released on bail.
(iv) Where the accused is a previous convict.
8. ' In the present case, the applicant, Mir Nawaz in his confessional statement has confessed to have committed similar type of crimes in Karachi within the jurisdiction of various Police Stations. The possibility cannot be ruled out that in case they are released, they will repeat similar/same crime.
9. Thus, the case of the applicants in my view, is an exceptional one, wherein the bail in spite of the offence being non-prohibitory clause be declined. Consequently, the bail application is dismissed.
10. ' These are the reasons of short order announced on 23-11-1999.