ABID alias AABI ARAIN Versus State
ORDER
ABDUL RASOOL MEMON, J.--- Applicant Abid @ Aabi Arain seeks post arrest bail in crime No.188/2014, P.S Market Hyderabad under section 395, P.P.C.
2. The allegation against the present applicant is that on 12.10.2014 he duly armed with pistol along with co-accused Shahbaz Masih, Rashid Magsi and two unidentified persons, on gun point robbed a motorcycle, CNIC, ATM Card, Mobiles and cash of Rs.63,000/-from the complainant Arslan at Jubilee Chaki Walla Road, when he was going on motorcycle with his brother Asad and friend Muhammad Ayaz.
3. Learned counsel for applicant has argued that applicant/accused was arrested by showing a fake encounter by the police, in which fires were made on his both legs which have been imputed and ultimately he has become crippled, however, in the said police encounter case he has already been admitted to bail; that police also got implicated him in this case in collusion with complainant ; that no recovery is effected from the present applicant; that as to how applicant was known to complainant is not mentioned in the FIR, thus, his case falls within the ambit of further inquiry, even otherwise, that alternate punishment of alleged offence is four years which is to be considered by the court for grant of bail. In this respect, he has placed reliance on the cases of Shehzore v. State (2006 YLR 3167), Nasir Khokhan v. State (2006 YLR 3042), Zahid Maseeh v. State (2012 MLD 814).
4. As against these arguments, learned D.P.G. opposed this application on the ground that applicant/accused is nominated in the FIR.
5. I have given careful consideration to the arguments advanced at bar and gone through the relevant case papers.
6. Admittedly, no recovery of alleged robbed property has been made from the present applicant and no source of his identification how he was previously known to complainant has been disclosed in the FIR. Applicant/Accused is behind the bar for about six months and is not required for investigation purpose. The minimum punishment of section 395, P.P.C. is four years and it is settled principle that lesser punishment of the offence is to be considered at bail stage.
7. Keeping in view the principle laid down by this Court in the cases of Shahzore, Nasir Khokhan and Zahid Maseeh (supra) and the circumstances discussed above, the case of applicant requires further inquiry. Accordingly, the applicant is admitted to bail subject to furnishing a solvent surety in the sum of Rs.100,000/-(Rupees one hundred thousand) and PR bond in the like amount, to the satisfaction of learned trial Court.
SL/A-62/Sindh Bail granted.