MUHAMMAD AKRAM Versus THE STATE

ORDER

1. This application for bail has been moved on behalf of applicant Muhammad Akram son of Jan Muhammad who has been arrested by police in connection with a case registered at Police Station Joharabad under section 14 E.H.O,.1979 as Crime No.409 of 1991.

2. An application for bail was also moved earlier before--the Sessions Judge, Karachi-Central which was dismissed by the learned Sessions Judge, vide his order, dated 24-11-1992.

3. I have heard counsel for the applicant and Mr. Abdul Hakeem Bijarani, AA.-G. for the State.

4. Learned counsel for the applicant has submitted that identification test of the applicant had not been held through Mst. Zulekha Bibi, who is the only eye-witness in the case, in presence of Magistrate; and as such, her testimony before the Court that applicant was the person who had participated in the alleged crime cannot be relied upon. He has also pointed out that i applicant had been shown to Mst. Zulekha Bibi at the police station. Evidence of Zulekha Bibi recorded before the trial Court shows that police had shown accused Akram at the police station to her. It is also a fact that no identification test of the applicant was held through the witness in presence of a Magistrate.

5. It is also pertinent to note that P.W.2, Ali Muhammad, who is son of Mst. Zulekha Bibi, has acted as Mashir of recovery of the stolen golden ornaments allegedly recovered from the possession of the applicant but he has denied that recovery of these articles had been made by police from the possession of the accused/applicant in his presence.

6. In view of the above facts and circumstances, I consider that it is a case for further enquiry and consequently, I admit the applicant to bail on his furnishing solvent surety in the sum of Rs.50,000 (Rupees fifty thousand only) and P.R. bond in the like amount to the satisfaction of the trial Court.

7. N.H.Q./M/1815/K Bail granted.