MANZOOR ALI and anothers vs THE STATE
The applicants sought post-arrest bail in a case arising from F.I.R. No. 201 of 2002 registered under Section 392/34 of the Pakistan Penal Code at Police Station K.I.A., Karachi-East, for allegedly robbing the complainant of cash and a mobile phone at gunpoint. The core legal question was whether the applicants were entitled to the concession of bail given the circumstances of the case and their identification. The Sindh High Court held that the bail application merited no consideration and dismissed it. The key principle laid down is that where an F.I.R. is promptly lodged with specific physical descriptions, the accused are correctly identified in an identification parade before a Judicial Magistrate, and no enmity or bias is shown, post-arrest bail for a heinous offense like robbery under Section 392/34 P.P.C. will be refused.
- Whether post-arrest bail can be granted to accused persons who are promptly named and correctly identified during an identification parade in a robbery case?
- Does the absence of enmity or bias of prosecution witnesses against the accused affect their entitlement to bail?
- Section 392, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
1. Granted but subject to all just exceptions.
2. The facts leading to present application for bail are that the applicants/accused Manzoor Ali and Saeed Ahmed are facing trial before the learned IIIrd Additional Sessions Judge Karachi-East under section 392/34, P.P.C. The case arose out of F.I.R. No,201 of 2002 of Police Station KIA. Karachi East.
' The brief facts of the prosecution case as disclosed in the F.I.R. Lodged by complainant Muhammad Nabi on 4-4-2002 are reproduced hereinbelow in extenso: "Complaint is that I reside on the above address and am serving as Driver in Shaheen Airport Service. Today on 4-4-2002 I alongwith my son Asad aged about 7 years on Vespa Motorcycle No,KCL-7842 was going from my house to Korangi No,2 and after covering the distance of about 200 yards ahead of Malir Nadi Bund No,2, the two young boys, one of heavy built. Wheatish colour with curled hairs, wearing light wheatish colour clothes and another tall. Urdu-speaking, armed with pistols stopped us. They at the point of fire-arms robbed cash of Rs,8,140 and Mobile Phone bearing No,0300-921815 from me and went away towards Azeempur Shah side. I can identify both the culprits on seeing them. I report and request for action."
' The applicants/accused applied for bail before the trial Court but their bail plea was dismissed by impugned order, dated 11-7-2002.
' I have heard Mr. Azizur Rchman Akhund learned counsel appearing on behalf of the applicants/accused and Mr. Arshad Lodhi learned Assistant Advocate-General on behalf of the State. The latter opposed the bail plea of applicants/accused.
' The perusal of material placed on record shows that the applicants/accused robbed the complainant at the point of fire-arm; the F.I.R. Was promptly lodged and description with regard to eminent features of the culprits has been given therein; the applicants/accused were correctly picked out by the complainant and eye-witness in the identification test held before the Judicial Magistrate. No material has been placed on record from which it could be deduced that the case is out-come of enmity and P. Ws. Are biased against the applicants/accused.
' Looking towards the peculiar facts and circumstances of the case I am of the considered view that the application for bail merits no consideration and it stands dismissed accordingly.