KHADIM HUSSAIN Versus STATE

The petitioner who is involved in a case under section 392, P.P.C. and section 17 of Ordinance VI of 1979 arising out of F.I.R. No.247, dated 10-6-1993, registered at Police Station Ferozewala, seeks to be admitted to bail.

2. Learned counsel contended that neither the petitioner is -a nominated accused in the F.I.R. nor he was put to test identification parade which could have corroborated the version of the complainant given in the F.I.R. hence in the presence of this infirmity, the case against the petitioner is one of further inquiry.

3. Learned counsel next contended that the petitioner was arrested on 17-9-1993 and on his pointation, the police recovered an air-conditioner, window glass and two spare wheels of the car which are easily available in the market, apart from one pistol these recoveries were witnessed by one Muhammad Aslam, who is resident of Rachna Town, which is not the locality from where the recoveries were allegedly affected and that said Muhammad Aslam for the complainant would be to have taken him to the police station. In addition to that, the car in question was found abandoned on the roadside and the complainant was given its Spurdari on 17-6-1993, whereas he made the supplementary statement on 1-9-1993, which remains shrouded in mystery how he went to the police to make this statement. The petitioner has no criminal disposition to his credit. It is his first offence, as per the police record.

4. In the presence of this material, the involvement of the petitioner in the case seems to be of dubious character and the case against him is one of further inquiry, as it would be determined after the recording of some evidence A by the trial Court when the petitioner actually took part in the crime or not, so the petitioner is admitted to bail in the sum of Rs.50,000 (fifty thousand only) with two sureties each in the like amount to the satisfaction of the A.C., Ferozewala.

N.H.Q./K-121/L

Bail granted.