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Criminal Bail Application No. 80 of 1987, decided on 8th March, 1987.
‑‑‑S. 497‑‑Bail, grant of‑ Allegation of snatching away brief case containing money‑‑Accused not named in F.I.R. nor put to identification test‑‑No recovery from accused‑‑No material on record connecting accused with offence‑‑Case, held, was of further inquiry‑‑ Bail granted in circumstances.
K.M. Nadeem for Petitioner.
Syed Sarfraz Ahmed, A.A.‑ G. for the State.
The applicant was arrested in F.I.R. No. 294 of 1986 and during investigation it revealed that the applicant had committed another offence. The report of the incident was lodged by one Syed Naseem Hussain on 7‑ 8‑ 1986 wherein he has stated that he lost the keys of the safe since the last one month. He had taken the salary of the employees of C' Shift to his house. He came back alongwith driver Wasim Ahmed in Suzuki for distributing the salary to the employees of C' Shift. At about 11‑20 p.m. between the night 7/8 August, 1986 behind Omega Hoisery Ameen Silk Chowk he saw three persons who came suddenly near him and snatched away the Black Colour Brief case which was lying before him and contained a sum of Rs.20,000. The three persons ran towards Valika Mills.
He chased the culprits but could not succeed in apprehending them. The applicants were not put to test. There is no material connecting the' applicants with the commission of the offence in the present case. In the challan it is submitted that Iqbal was employee of the company but significantly his name has not been mentioned in the F.I.R. In the report it is only stated that three persons appeared to be youth of Pathans. No identification test had been held by the Investigating Officer. Even no recovery had been affected. It is a case of further enquiry. The applicant is admitted to bail if he furnishes surety in the sum of ks.25,000 (Rupees twenty‑five thousand only) and P.R. Bond in the like amount to the satisfaction of the trial Court.
Any observation on the merits of the case is not binding on the trial Court.
S.A./M‑78/K Bail granted.
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