1993 PCRLJ 2537

ALLAH DITTA Versus THE STATE

Citation1993 PCRLJ 2537

CourtSindh High Court

Judge(s)Muhammad Aslam Arain

ResultBail allowed

ORDER

1. Applicant Allah Ditta, who is one of the accused involved in Crime No.159/92 of Police Station Darakhshan, Karachi under section 20 of Offences Against Property (E.O.H.) Ordinance, 1979, has approached this Court for bail. His earlier application being B.A. No.967 of 1992 and that of the accused Muhammad Aslam and Ishaque Masih was rejected by me by a consolidated order, dated 4-1-1993. After some witnesses were examined by the trial Court, the learned Advocate repeated bail application on behalf of the applicant Allah Ditta, which is rejected by the learned VIIIth Additional Sessions Judge, Karachi South by order, dated 16-8-1993.

2. I have heard the learned Advocate for the applicant and the learned AA.-G. The latter has not opposed the grant of bail. It has been argued by the applicant's learned Advocate that bail to co-accused Ishaque Masih has been granted by the Honourable Supreme Court on 22-3-1903 and to co-accused Muhammad Aslam bail is granted by the learned trial Court on 16-8-1993. In so far as the case of applicant Allah Ditta is concerned, it is argued that evidence against him is similar as against co-accused who arc enlarged on bail. It has also been pointed out that P.Ws. Adnan Zafar, Abu Ahmed, Muhammad Anwar and Mst. Saima Khan are examined and nothing has come on record to connect the applicant with the commission of the offences. Although no identification test of applicant was held through the witnesses yet in her evidence Mst. Saima has stated that accused, Allah Ditta present in Court is one of the two accused, who had entered in her bed-room. This identification, according to the learned Advocate is of no avail to the prosecution as the witness had seen the accused outside the Court before the evidence was recorded. The learned, AA.-G. has fairly conceded that because on similar evidence bail is granted to co-accused Ishaque Masih by the Honourable Supreme Court and to accused Muhammad Aslam by the trial Court, applicant would also be entitled to bail as evidence against him is similar in nature as against other accused. Applicant Allah Ditta is, therefore, granted bail and he shall be released on furnishing one surety in the sum of Rs.50,000 and P.R. bond in the like amount to the satisfaction of the trial Court.

3. N.H.Q./A-1396/K Bail allowed.