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Criminal Bail Application No. 556 of 1985, decided on 13th June, 1985.
---S. 497/498--Pena. Lode (XLV of 1860), S. 302/333--Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17- Abetment--Case against accused that he gave scooter to culprit within committed offence of robbery against complainant--Accused himself neither charged for abetment nor any evidence of conspiracy existing against him--Accused not directly made responsible for robbery of complainant- Bail granted.
Sardar Muhammad Ishaq for Applicant.
Hassan Akbar, A.A.-G. for the State.
Date of hearing: 13th June, 1985.
This bail application has been filed on behalf of applicant Mehmood in a case registered under section 302/333, P.P.C. read with section 17(3), Hudood Property Ordinance, 1979.
Brief facts of the incident are that on 23-4-1985 at 4-15 p. m. complainant Mushtaque son of Sirajuddin was coming on scooter alongwith his friend Muhammad Aslam who was on his motorcycle, when they reached behind the hospital there appeared one person with a revolver who tried to snatch scooter of complainant. He resisted on which accused fired at him and took away scooter. On the way to police station, complainant came to know that above-said person had already fired at one boy Mushtaque and Military Police. The case was registered at Police Station, Korangi Town, Karachi.
On the same day at 6-35 p.m. applicant /accused lodged report at Police Station P.V. Colony in which he stated that his scooter has been robbed.
It is contended by Mr. Sardar Muhammad Ishaque that there is no allegation of robbery against applicant Mehmood. He is stated to have given scooter to culprits for committing offence but there is no such evidence.
Mr. Hasan Akbar, the learned A.A.-G. has no objection to the grant of bail to applicant Mehmood.
I have perused the papers. The case against the applicant is that he gave his scooter to culprits who committed offence. Applicant is not charged for abetment nor there is any evidence of conspiracy against him. No doubt he lodged report about robbery of his scooter A to save himself but he is not directly made responsible for the robbery of complainant. This case deserves consideration. He is admitted to bail on furnishing one surety in the sum of Rs. 50,000 and P. Bond in the like amount to .the satisfaction of Nazir of this Court.
M.Y.H. Bail granted.
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