AIJAZ ALI vs THE STATE
This matter arises from a bail application filed by Aijaz Ali against the State, seeking post-arrest bail in a case concerning an alleged attempt to commit motorcycle robbery and an encounter with the police on the link road of Gambat. The core legal question is whether the applicant has established reasonable grounds for the grant of post-arrest bail. The Sindh High Court held that there are reasonable grounds to believe the applicant is guilty of the charged offence, noting that prosecution witnesses supported the case, no motive for false implication was shown, and releasing individuals accused of such rising crimes would pose a danger to society. The court consequently dismissed the bail application, reaffirming that the accused was not entitled to the concession of bail.
- Whether an accused involved in an attempted motorcycle robbery is entitled to post-arrest bail when prosecution witnesses support the case?
- Do reasonable grounds to believe the accused is guilty preclude the grant of bail?
- Whether the rising incidence of robbery is a relevant consideration when refusing bail to an accused?
ORDER
1. ' RAHMAT HUSSAIN JAFFERI, J.---(1) Granted.
2. This is a case of attempt to commit motor cycle robbery which took place on 25-7-2004 on the link road of Gambat. It is alleged that the P.W. Iqbal Hussain was on his Motor Cycle when 4 persons intercepted him and tried to rob the Motor Cycle. The said P.W. Raised cries which attracted the police. The police intercepted the robbers, there was exchange of harsh words and fighting in between the robbers and the police. The police were successful in apprehending one robber namely Aijaz the other robbers ran away. In the meanwhile D.S.P. Came and chased the robbers but was unsuccessful.
2. ' The learned Advocate for the applicant has stated that this is a case of attempt of robbery; that the story is unnatural; that no empty bullets were secured from the place of incident; that the Government rifle which was allegedly taken away by the culprits was secured from 1 K.M. Away from the place of incident. He has relied upon 1999 PCr.LJ 308.
3. ' The learned State counsel has no objection to grant of bail on the ground that there was no medical certificate for the injury on the person of P.W. That Government rifle was secured at some distance from the place of incident.
4. ' However he has stated that all the P.Ws have supported the prosecution case.
5. I have given due consideration to the arguments, gone through the material placed on record and found that the incident took place at 7-15 p.m. In which the accused attempted to rob the motor cycle of P.W. Iqbal Hussain. The P.W. Iqbal Hussain has no grudge against the accused. There is no motive for him to falsely involve the applicant. Had the police not intercepted the culprits would have succeeded in robbing the motor cycle. The incident of robbery is increasing day by day therefore some stringent steps are required A to be taken to curb this menace. If the accused of robbery are released on bail then the society will feel unsafe. It will also be a danger to the society.
6. All the P.Ws. Have supported the prosecution case.
7. ' From the material available on the record there are reasonable grounds to believe that the applicant is guilty of the crime as alleged by the prosecution, therefore he is not entitled to the concession of bail. Consequently the bail application is dismissed.