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Criminal Bail Application No. 558 of 1985, decided on 12th June, 1985.
‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 436‑‑Bail‑‑Rioting and damaging public property‑‑Names of accused person given in F.I.R.‑‑Out of seven eye‑witnesses five independent persons identified accused before Magistrate‑‑Case fresh one and evidence having not yet been recorded‑ Offence for which accused charged punishable with imprisonment for life‑‑Bail refused in circumstances.
Kh. Sharful Islam for Applicants.
Abdul Ghafoor Mangi, A.A.‑G. for the State.
This bail application has been filed on behalf of Jamil Ahmed and Muhammad Ghani.
The case of the prosecution is that on 18‑4‑1985 at about 1‑00 p.m. a mob. of about 200/250 peoples made attack on Hotel of Abdul Jabbar which is situated in Sector‑1 Qazzafi Chowk, Orangi Town, Karachi, and then put the Hotel on fire resulting loss of furniture and other articles. On 21‑4‑1985 Abdul Jabbar lodged report at Police Station Orangi Town, Karachi.
Mr. Khuwaja Sharful Islam, the learned counsel appearing for the applicants contended that the case has been filed due to enmity as present applicants were witnesses against the cousins of complainant in a previous case filed on 19‑8‑1981. He has further argued that there is a delay in lodging the F.I.R. of this case and statement of the witnesses were also recorded after so many days. He has argued that no part has been specifically been assigned to applicants.
Mr.Abdul Ghafoor Mangi, the learned A.A.‑G. opposed the bail and submitted that the names of the applicants are mentioned in the F.I.R. and that the delay in filing the report was due to curfew in A the area, and he has submitted that the offence under section 436
P.P.C. is punishable with imprisonment for life.
The names of the applicants Jamil Khan and Muhammad Hanif are given in the F.I.R. and it is stated that they alongwith others made attack on the Hotel of the complainant. There are in all seven eye‑witnesses out of which 5 independant persons identified the applicants before the Magistrate on 16‑5‑1985. The entire Hotel of complainant is stated to have been destroyed resulting huge loss. The case is fresh one and evidence has not yet been recorded. These offences of rioting and damaging private and public property has become common in Karachi City with the result that poor people are deprived from livelihood. The offence for which the applicants are charged are punishable with imprisonment for life. The case for bail is not made out. Application is dismissed.
M.B.A. Appeal dismissed
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