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Criminal Miscellaneous No. 457 of 1986, decided on 10th April, 1986.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 399‑‑Bail, grant of‑‑Accused allegedly moving about under suspicious circumstances having made preparation to commit some offence‑‑No evidence to suggest commission of offence by five or more persons‑‑Act attributed to accused, held, would not constitute an offence under S. 399, Penal Code and case called for further inquiry‑‑Bail granted in circumstances.

Muhammad Ibrahim Abbasi for Applicant.

A.A. Mohammadally, A.A.‑G for the State.

Date of hearing: 10th April, 1986.

Two applicants Ghulam Haider and Mohammad Ishaque alongwith Abdul Aziz and Rasool Bux have been challaned to take their trial under section 399, P.P.C. A separate case under Arms Ordinance has also been registered against the applicant Muhammad Ishaque and co‑accused Rasool Bux.

The prosecution case as disclosed in the F.I.R. is that all the four accused were seen by patrolling police party moving in a car in the locality of North Nazimabad. It was about 2‑30 a.m. when the accused were spotted by the police peeping and staring at the bungalows in suspicious manner. Two of the accused namely, Ishaque and Rasool Bux were armed with loaded revolver and pistol, respectively. The patrolling party stopped the car of the accused and made interrogation from them. Thereafter a case was registered by filing F.I.R. by Inspector Chand Khan on behalf of the State. After due investigation the accused were sent up for trial.

I have heard the arguments of the learned counsel for the applicant and the learned A.A.‑G.

It is submitted by the learned A.A.‑G. that the witnesses who have been examined by the police have almost repeated what has been stated in the F.I.R. In other words they have not added anything to the police version contained in the F.I.R. The main objection of the learned counsel for the applicants is that that even if the persons found moving in the car in suspicious manner had made preparations to commit some offence, there is no evidence that it was to be committed by five or more persons. According to him in absence of such evidence, the act attributed to the accused would not be an offence under section 399, P. P. C. This is not disputed by the learned A.A.‑G. who, therefore, thinks that this case calls for further inquiry.

For above reasons, application is allowed and the bail is granted to the applicants in the sum of Rs.50,000 (Rupees fifty thousand only) each and P.R. of the same amount to the satisfaction of the trial Court.

S.A. Bail allowed.

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