MUHAMMAD SHAFIQ SHAH Versus STATE

ORDER

This is an application for bail made on behalf of applicants, Muhammad Shafiq Shah, Muhammad Nadeem and Arshad, who are detained in Crime No.8 of 1992, North Nazimabad P.S., under section 399/402, P.P.C. The bail application made on their behalf was rejected earlier by learned Ilnd Additional Sessions Judge (Central) Karachi, vide order, dated 19‑2‑1992, although he had earlier granted bail to co‑accused Zakir and Abdul Majeed.

2. I have heard Mr. Sardar Muhammad Ishaq, learned counsel for the applicants and Mr. Shaukat H. Zubedi, learned A.A: G. for State. The latter has conceded to the grant of bail to all the three applicants by stating that the offence against them, if any, will fall under section 402, P.P.C., which is not covered by the prohibitory clause of section 497, Cr.P.C.

3. Mr. Sardar Muhammad Ishaq, learned counsel for applicants has relied upon the case of Muhammad Ayoob Memon v. The State, reported in 1990 PCr.LJ 41, wherein an attempt was made to enumerate the circumstances, whereunder a case under section 399, P.P.C., is made out. As rightly pointed out by learned A.A: G. the case of the prosecution, even taken on face value will fall under section 402, P.P.C. and not under section 399, P.P.C.

4. Having regard to the above circumstances, coupled with the fact that co‑accused are already on bail granted by learned Additional Sessions Judge, I am of the view that all the three applicants are also entitled to the grant of bail. Accordingly, bail is allowed to them in the sum of Rs.50,000 (Rs. fifty thousand) each with P.R. bond in the like amount to the satisfaction of the trial Court.

N.H.Q./M‑1626/K Bail allowed,