IMAMUDDIN Versus THE STATE

ORDER

1. The applicants are facing trial under sections 302, 307, 336, 435, 427, 147 and 148, P.P.C. before the learned Sessions Judge, West Karachi.

2. It has been contended by the learned counsel for the applicants that no specific overt act has been assigned to them and, therefore, they are entitled to bail.

3. The learned Additional A.-G. for the State has opposed the grant of bail to the applicants on the ground that the applicants were arrested duly armed with deadly weapons near the Wardat, and as such they are not entitled to bail.

4. I have considered the contentions of the learned counsel. In the present case the. allegation is that three Rickshaws were set on fire, one person was killed, and number of persons were injured. It is further alleged that Nadria Market was set on fire. Applicant Imam Din was arrested armed with shot gun for which he had no licence.

5. The applicants and the co-accused moved an application for bail, and the, learned Sessions Judge was pleased to grant bail to co-accused except the present applicants, and one Fariduddin who was also released on bail later on, on the ground of age. As far as applicant Zaheeruddin is concerned there is no recovery from him and therefore his case requires further enquiry. I, therefore, direct that applicant Zaheeruddin shall be released on bail on furnishing surety in the sum of, Rs.50,000 and P.R. bond in the like amount to the satisfaction of the trial Court. As far as applicant Imam Din is concerned, since he was arrested from near the Wardat and was armed with a gun for which he had no licence he is not entitled to bail at this stage, and his application is accordingly dismissed.

6. However, the applicant will be entitled to repeat his bail application after three material witnesses are examined.

7. S.G.D./I-52/K Order accordingly.