QAMAR RAZA Versus STATE

ORDER

1. Petitioner in these petitions (Cr. Bail Application No. 591/89 and 592/89) is an accused alongwith other accused persons in cases under Section 399/401, P.P.C. and 13-D, Arms Ordinance and under Section 17 (3) of Offences Against Property (Enforcement of Hudood) Ordinance, 1979. The report was lodged by Inspector Sikander Hayat of CIA Karachi wherein he stated that on 25-4-1989 at 21-30 hours he alongwith ASI Saeed Ahmed Qureshi, ASI Mushtaq Hussain and other staff was busy in connection with prevention of crimes of those accused persons who were absconding. He received a spy information that five persons duly armed with fire arms are inside Jheel Park and concealing there for the purpose of committing some serious crime. He caught the petitioner alongwith two other co-accused as they were preparing to commit dacoity. On personal search of the petitioner, he recovered one T.T. Maker. 30 bore with 4 cartridges.

2. Mr. Syed Yawar Abbas Zaidi, learned counsel for the petitioner has contended that the FIR is belated by forty-eight hours . and no identification test has been held.

3. Mr. Shaukat Zubaidi, the learned Assistant Advocate-General has no objection to the grant of bail to the petitioner in view of the fact that the accused persons were making preparations to commit dacoity and no identification parade was held as the petitioner was not known to the complainant.

4. I have heard the learned counsel for the parties. The Investigation is complete and challen has been submitted. The trial has not yet started. At present there is no incriminating material against the petitioner.

5. I, therefore, direct that the petitioner be released on bail on furnishing surety in the sum of Rs. 50,000 (Rupees fifty thousand only) with P.R. bond in the like amount in the above cases to the satisfaction of the trial Court.

6. SA./Q-34/K

7. Bail allowed.