MUHAMMAD NAEEM Versus THE STATE

ORDER

1. Muhammad Naeem is facing trial for the offence punishable under section 17(3), Offences Against Property (Enforcement of Hudood) Ordinance, 1979. According to F.I.R. the shop of Shaikh Muhammad Elahi was broken, furniture was destroyed, watches and wall clocks were removed and all goods were looted. Such report was lodged on 16‑7‑1987 at 2130 hours at Police Station Liaquatabad. Applicant was arrested and watches and wall clocks were recovered.

2. Mr. Mumtaz Elahi Sheikh appearing for the applicant contended that there a delay in lodging the report and case at the best will fall under section 411, P.P.C. which is not punishable with 10 years or above. Therefore bail may be granted. He has referred to the case reported in 1969 S C M R 233. It is argued that incident has not been witnessed by any one. He has referred to the cases reported in P L D 1984 Kar.73 and 1986 P Cr. L J 2854.

3. Mr. Abdul Ghafoor Mangi learned A.A.‑G. appearing for the State has opposed the bail and submitted that there was rioting in Liaquatabad in which the shop was broken and articles have been recovered from the appellant.

4. As a result of bomb blast in Saddar Karachi, a serious reaction took place in Liaquatabad area, and during public demonstrations damage was caused to private and public property. Shop No. 13, City Watch Co. Bedar Market, was also looted and such report was lodged by Sheikh Muhammad Elahi. Applicant was apprehended by two private persons Babu Muhammad Shafi and Arif Ali alongwith watches and wall clocks which were looted from the shop of complainant. He was taken to the police station and after investigation he has been sent up. The property has been recovered and applicant was apprehended by two private persons with whom no enmity alleged. It cannot be said at this stage that offence fall under section 411, P.P.C. During this demonstration it has become fashion that robberies and dacoities takes place and this is not a simple case of theft. The applicant irrespect of the other evidence, from the tentative assessment can be charged for the offence punishable under section 412, P.P.C. for which punishment can be extended from 10 years' imprisonment to life. No case is made out for bail. The application is dismissed.

5. S.A./M‑308/K Bail refused.