SHADAB AKHTAR and another vs THE STATE

ORDER

1. ' AHMED ALI M. SHIEKH, J.---Applicants Shadab Akhtar and Muhammad Haroon are facing trial in F.I.R No,32 of 2009 under sections 342, 337-A, 332(c), 220, 386, 388, 457, P.P.C. Read with sections 155/156 of Police Order, 2002 registered at Police Station Mehmoodabad. On 23-6-2009, without touching merits of the case, the applicants were granted interim pre-arrest bail by this Court.

2. ' Prosecution story in a nutshell is that pursuant to the orders dated 15-1-2009 passed by the learned VI Additional District Judge, Karachi (South), on 26-1-2009 Mst. Saeeda Begum widow of Abdul Rasheed has given an application in writing to the police stating therein that on 6/7-10-2009 at about 3-30 a.m. She along with her son Muhammad Rafiq alias Papoo was present in Flat No,F- 28, Block 13-D, 4th Floor, Fahad Garden, Gulshan-e-Iqbal, Karachi. Suddenly, some one knocked the door and on opening the door three armed persons forcibly entered the flat, woke up his son and on gun point taken away three mobile phones, cash amount of Rs,1,20,000, pistol with license in the name of her son, three golden ornament sets, original documents of properties, photo album, some video CDs and other precious articles. The culprits have also taken away with them her son, namely, Kamran and on inquiry they disclosed their names as S.I.P. Muhammad Riaz, Chowki Incharge, P.0 Shadab and A.S.-I. Haroon. Her son Kamran was running the business of cable and snooker and was not wanted in any case. The accused persons also took away his servants, namely, Kamran Chatro son of Chatro, Rizwan son of Sher Muhammad and Muhammad Hanif son of Haji Adam. The complainant accordingly reached at. Mehmoodabad Police Station where S.I.P.

3. Malik Riaz and other police officials demanded Rs,500,000 as illegal gratification for releasing the detenus. 'However, she approached the learned VI Additional District Judge, Karachi (South), on which under the orders of the Court, Magistrate raided Mehmoodabad Police Station, recovered complainant's son Muhammad Rafiq alias Papoo from the lockups and on his pointation - the Magistrate also raided Saleem Sunni Shaheed Police Chowki, Chanesar Goth and recovered aforesaid three servants.

4. ' It is, inter alia contended by the learned counsel for the *applicants that the applicants are innocent; they have nothing to do with the alleged incident; in investigation the police could not collect any material connecting them with the alleged offence; and they have been falsely implicated in this case as sons of the complainant have been challaned by the police in various criminal cases, including narcotics cases. Conversely, the learned counsel for the complainant and learned Additional P.G. Vehemently opposed the bail application. The learned counsel for the complainant points out main accused S.I.P. Muhammad Riaz, who was chowki Incharge, is an absconder and according to his instruction he got transferred his service from Sindh Police to Punjab Police.

5. ' Heard learned counsel for the parties and have perused the record. Admittedly, names of the applicants 'appear in the F.I.R. The learned counsel for the complainant has drawn attention of the Court towards deposition of the prosecution witnesses, including P.W Rafiq, who was allegedly abducted by the accused persons, and almost all the P. Ws. Have implicated the present applicants. The learned counsel for the applicant has contended that the applicants have been falsely involved in this case as sons of the complainant have been challaned by the police in different case but the learned counsel could not place any document on record to show whether son of the complainant has either lodged any case or acted as witness in any case registered against the applicants. Additionally, pursuant to the orders of the VI Additional District Judge, Karachi (South), passed on an application filed by the complainant, a Magistrate raided Mehmoodabad Police Station and Police Chowki, Chanesar Goth and recovered all the alleged abductees i.e, son of complainant Muhammad Rafiq alias Papoo and his three servants. Therefore, the learned counsel for the applicants has failed to show any mala fide either on the part of the complainant party or police. In view of the dicta laid down by the honourable Supreme Court in the case of Muhammad Arshad v. Muhammad Rafiq reported in PLD 2009 SC 427, I am of the considered view that the applicants are not entitled to extraordinary relief of pre-arrest bail.

6. Consequently, this Criminal Bail Application along with the listed application is dismissed and the order dated 23-6-2009, granting pre-arrest bail to the applicants is recalled.

7. ' A copy of this order be facsimile to the Inspector General of Police, Sindh, for his information and necessary action.